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CRIME

Jail threat for ‘influencers’ under tough new French law

Influencers in France face the threat of prison sentences or major fines under new legislation adopted by parliament on Thursday that is aimed at cracking down on undeclared advertising and fraud.

Jail threat for 'influencers' under tough new French law
Photo by AFP

Touted as an effort to ensure online personalities face the same advertising rules as traditional media, the bill has made its way through parliament with cross-party support since March, culminating with a vote by the Senate on Thursday.

“The law of the jungle is over,” said Arthur Delaporte of the opposition Socialist Party who jointly sponsored the legislation with Stephane Vojetta from the ruling Renaissance party.

“We can be proud of this unprecedented agreement,” senator Amel Gacquerre, who piloted the legislation in the senate, said after the vote.

France is estimated to have around 150,000 influencers, many of whom have a modest audience, but some have millions of subscribers and help set trends in sectors from fashion to video games.

Their commercial activities – accepting money in exchange for promoting a product – are often undeclared and until now they have lacked a specific legal status in France.

The legislation will in theory force them to post the word “advertising” or “commercial partnership” when discussing products they have been paid to advertise, and make a formal contract mandatory.

It prohibits the promotion of cosmetic surgery, tobacco and some financial products and medical devices.

It also tightens rules for promoting sports betting and lottery games, which will be restricted to platforms that have the capacity to prohibit access to minors such as YouTube.

Violators of the rules could face punishments of up to two years in prison and €300,000 fines.

“The party is over for all of those that think you can cheat on the internet,” Economy Minister Bruno Le Maire declared earlier this month.

“Influencers create jobs, value. They are in the most part extremely creative, imaginative and bring a lot to the French economy,” he told the BFM channel. “Then there are few troublemakers who manipulate, who use their role badly, and cheat consumers.”

Some experts say police and prosecutors will face difficulties enforcing the rules for such a huge number of online creators, however, with many of them based overseas in different jurisdictions but viewable in France.

A high-profile campaign against fraudulent influencers has been led in recent months by controversial French rapper Booba who has dubbed them “Influ-stealers”.

In messages and videos posted to his millions of social media followers, he has called himself a whistle-blower and targeted leading personality Magali Berdah in particular, the boss of influencer agency Shauna Events.

“Apart from having no talent, from promoting vacuous culture, of being idiots and not paying their taxes in France, they’re ripping people off,” he told French newspaper Libération last July.

Berdah denies wrongdoing and has launched legal action.

A collective called AVI (Help for the Victims of Influencers) has begun launching legal action on behalf of people who consider themselves victims of online financial fraud.

One of their targets is well-known French couple Marc and Nade Blata, who offer investment advice while showing off their life of luxury in Dubai. They also deny wrongdoing.

Economy Minister Le Maire has backed Booba, saying he is “right to underline abuses.”

At the end of March, the Union of Influencers and Content Creators, set up recently to represent the sector, had welcomed “commendable and essential proposals” to regulate the industry.

But it warned parliamentarians against the risk of “discriminating against or over-regulating” certain players.

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CRIME

French billionaire Bernard Arnault probed over Courchevel money laundering

French billionaire Bernard Arnault and Russian oligarch Nikolai Sarkisov are under investigation for alleged money laundering at a luxury Alpine resort, according to Paris prosecutors.

French billionaire Bernard Arnault probed over Courchevel money laundering

The probe concerns their activities in Courchevel, a ski resort in the French Alps known for being a playground for the ultra-rich, they said late on Thursday.

The French economy ministry’s financial intelligence unit is leading the investigation, but has yet to determine whether any crime had been committed, a source close to the investigation told AFP.

French daily Le Monde, citing the Tracfin financial intelligence unit, reported that the 55-year old Russian billionaire had acquired 14 housing units from a single seller in 2018 for €16 million in a complex deal involving companies based in France, Luxembourg and Cyprus.

Although he is believed to be the buyer, Sarkisov’s name appears nowhere on the books of the company carrying out the purchase.

The company, called La Fleche, is believed to have bought three more real estate units from a second company which, it turns out, also belonged to Sarkisov.

The sale of the real estate to himself allowed the Russian to pocket a capital gain of €1.2 million, according to the paper.

Arnault — who runs luxury empire LVMH and is the world’s second-richest person after Elon Musk according to Forbes — is suspected of lending €18.3 million euros to Sarkisov for the deal.

He is then believed to have acquired La Fleche, effectively becoming the owner of the real estate portfolio.

The ownership change could have been designed “to hide the exact origin of the funds”, Le Monde quoted a Tracfin document as saying, as well as the identity of the “ultimate beneficiary”.

Investigators believe Sarkisov made two million euros from the operation, but they were still in the dark how much he had paid for the loan.

Contacted by AFP, LVMH declined to comment.

Le Monde, however, quoted a spokesman as saying that the operation had been “carried out with the strictest observance of the law”.

The paper also cited people close to Sarkisov as saying that the capital gain was “just a few hundred of thousands of euros”, and that the Russian had not been involved personally.

Le Monde said that according to “family lore”, Arnault has a special connection to Courchevel because he learned to ski there as a child and where he owns a mansion and a luxury hotel.

Hotel prices in the resort can reach several tens of thousands of euros per night, the paper noted.

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