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Thursday 23 January 2025

Influencer, a commercial activity like any other ?

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After adoption, March 30, by the National Assembly of the bill aimed at combating scams and abuses by influencers on social networks, the senators of the Economic Affairs Committee wish to better regulate commercial influence and fight in a more targeted manner against the excesses of influencers on social networks.

With an estimated number of 150,000 influencers in France, but only 15% of whom would carry out this activity full-time, the commercial influence sector is now in full development, while remaining poorly documented and difficult to apprehend for public authorities. Often presented as a “new advertising channel”, it is first necessary to demonstrate pedagogy and remember that the existing rules regarding advertising and promotion already apply to influencer marketing. Ensuite, once the legal framework has been clarified, the senators of the commission wanted to fix, in return, dissuasive sanctions : up to two years' imprisonment and a fine of 300,000 euros if advertising bans are not respected or if an influencer conceals the true commercial intention of their publication, now clearly indicated by the words “ advertisement ".

“Doubt must no longer remain”
Rapporteur for the Economic Affairs Committee, Amel Gacquerre specifies that “work aimed at better protecting our public health, our youth, the consumers and savers that we are, was carried out. This is why we also propose prohibiting the promotion of therapeutic abstention, nicotine sachets or even subscriptions to sports betting predictions”. For Sophie Primas, chair of the economic affairs committee, “one of the challenges of this bill is to regulate and support the structuring of a still recent sector of activity. This is why it is proposed to precisely define the activity and responsibilities of each actor., to explain what is allowed and what is prohibited : doubt must no longer remain”. Amel Gacquerre (Centrist Union – Pas‑de‑Calais) is rapporteur of the proposed law aimed at regulating commercial influence and fighting against the excesses of influencers on social networks.

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