Social Media. "Things Are Getting Better, But...": Two Years Later, a Mixed Review of the "Influencers" Law
An influencer is a person who, in exchange for compensation or benefits in kind, uses their online fame to promote, directly or indirectly, products, services, or even a cause. Photo Sipa/Adil Benayache
The "influencers" law is celebrating its second anniversary. Enacted on June 9, 2023, it aims to regulate commercial influence and combat the abuses of influencers on social media.
The cross-party text , supported by MPs Arthur Delaporte (Socialist Party) and Stéphane Vojetta (Together for the Republic), established this new profession and regulated a sector which until then lacked a framework, often described as a "jungle".
Two years after the law's enactment, the work is still underway. Promoting counterfeit goods, encouraging sports betting or cryptocurrency investments, training scams... Much content still flies under the radar. "Things are improving, but there's room for improvement," acknowledges Arthur Delaporte. The Socialist MP highlights the public's and influencers' good understanding of the rules. "Today, those who engage in commercial communication without legal notices are being called to order, often directly by citizens. This is proof that the law has had an educational impact," he believes.
But the main obstacle, according to him, remains the lack of resources: the supervisory authorities are not sufficiently equipped to "punish as they should."
The law's implementation was also slowed by its articulation with European law. "The discussions with Brussels took almost a year. So, ultimately, the law has only been fully in force since the fall," explains Arthur Delaporte.
The key to "responsible influence"
Léna Situations, Hugo Décrypte, Bilal Hassani, Iris Mittenaere … More than 2,100 people have applied for the “responsible influence” certificate from the Professional Advertising Regulatory Authority (ARPP), launched in 2021. At the time of the parliamentary debates, applications soared, reaching up to forty registrations per week, compared to ten to twenty today.
According to Mohamed Mansouri, Deputy Director of ARPP, some brands and influencer agencies have even made the certificate mandatory, such as L'Oréal: "It's a way for them to ensure that the collaboration will be carried out in compliance with the legal and ethical frameworks, and that their reputation will not be compromised." Since last year, the certificate has been deployed on a pan-European platform to promote responsible practices across Europe.
"To date, no influencers have been convicted of deceptive commercial practices," laments Jean-Baptiste Boisseau, a member of the collective to help victims of influencers (Avi), launched in 2022. Avi's office has more than 2,000 cases piled up—each with several dozen victims. In total, the damages amount to more than two million euros. Of the ten cases for which complaints have been filed, only one trial has been announced: that of Dylan Thierry, for fraud in the context of humanitarian fundraising, scheduled for October 2025. "The court process is not necessarily the same as the media process," notes Arthur Delaporte, citing a sense of impunity felt by many victims.
"We need to scare these people. Because as long as they aren't punished, they won't stop," asserts Audrey Chippaux, who has been denouncing influencer abuses since 2019 through the Instagram account "Vos Stars en réalité." In the event of violations, the influencer law provides for a fine of €300,000 and up to two years in prison.
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For its part, the General Directorate for Competition, Consumer Affairs and Fraud Control (DGCCRF) claims to have increased its monitoring pressure on influencers' business practices in 2024. Nearly fifty agents are involved in monitoring influencers' practices, the regulatory authority tells us.
In 2024, more than 290 of them were inspected and in 45% of cases, breaches were noted, leading to warnings, compliance injunctions or fines.
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