France introduces a #nofilter law targeted at influencers

In the era of social media, influencer marketing has become a vital part of brand promotion and consumer engagement. With the fast growing impact of influencers, there is a need for greater transparency and accountability across all social media platforms.  

France has become the first European country to regulate influencer marketing on social media by introducing a new law which aims to clarify what people can monetise and promote online as well as setting out specific guidelines for influencers and brands operating in France. The new influencer law was adopted on 1 June 2023.  

What does the new law mean for influencers in France?  

• The promotion of certain practices such as cosmetic surgery, and therapeutic abstention are now prohibited.  

• The promotion of several medical devices is now heavily regulated.  
• Promoting subscriptions to sports forecasts are now prohibited. 
• Promoting money games will be limited to platforms that technically restrict access to minors. 
• Staged scenes with animals whose ownership is prohibited are banned.  
• Promotional images, for example, those used to promote cosmetics, must disclose whether they have been retouched or if a filter has been used.  

• Influencers will be required to explicitly disclose any sponsored content or partnerships and such disclosures must be made at the beginning of each post.  
• Influencers’ agents must ensure there is a written contract when the amounts involved exceed a certain threshold.  
• Influencers operating outside the EU, Switzerland or the European Economic Area will be required to take out civil liability insurance within the EU. 
• Furthermore, they will be required to have a designated legal representative within the EU. 
• Influencers and companies who violate the law could face up to two years in prison and €300,000 in fines, as well as their ability to post on platforms being revoked.  

Given France’s prominent position in the global fashion and luxury industry, this law is likely to have far-reaching consequences. Brands and influencers that operate on a global scale will need to acclimatise to these new laws, and this law will likely inspire other countries and regulating bodies to follow suit in pursuit of a more responsible and transparent influencer marketing landscape.