French Politicians Advocate for Pan-European Regulation on Social Media Influencers

French lawmakers have urged the European Commission to take robust measures against social media influencers who endorse risky products and services, such as cryptocurrencies or cosmetic surgeries. The politicians are advocating for the adaptation of rules similar to the recently enacted French legislation, which has set out stringent regulations to protect consumers from misleading online promotions.

Arthur Delaporte, a French socialist lawmaker and one of the authors of the French bill, underscored the necessity for regulation on a continental scale, given the transnational nature of online content. Speaking at an event in the European Parliament on Wednesday, Delaporte stated, “We know very well that a Belgian influencer can certainly address the Belgian public, but also reach French people. The European level is the right one.”

The French legislation takes a comprehensive approach to define influencers. It categorizes them as “individuals or legal entities who, for a fee, mobilize their reputation with their audience” to endorse products and services on the internet.

Stéphanie Yon-Courtin, a member of the European Parliament representing the Renew group, expressed her support for the initiative. She emphasized the importance of identifying an effective means of implementation. Yon-Courtin is set to spearhead negotiations in Parliament regarding retail investor protection rules. She suggested that this could serve as an opportune moment to evaluate and potentially regulate "finfluencers" (financial influencers). “It could be a good trigger for something more horizontal,” she added.

Consumer protection legislation currently exists in the EU, but experts assert that there are significant gaps that need to be addressed. Steven Berger from BEUC, a prominent consumer group, mentioned to POLITICO that the existing European framework has "holes" and requires enhancement “to cover all forms of commercial influencing” and address ambiguities.

Simultaneously, the European Commission has embarked on an evaluation – termed as a "fitness check" – of existing EU consumer laws. Lucie Rousselle, part of Justice Commissioner Didier Reynders' cabinet, spoke at the Parliament event stating, "The Commission is currently analyzing the potential need to revise consumer law to see whether or not it is adapted to the digital transition."

She further added that the Commission is scrutinizing the business practices of influencers and evaluating the necessity for supplementary regulations to govern them. However, she cautioned that changes to the regulations are improbable before 2024.