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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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PARIS 2024 OLYMPICS

Factcheck: Is France really trying to ban speaking English at the Paris Olympics?

A resolution by a group of French MPs to 'say non to English at the Paris Olympics' has generated headlines - but will athletes and visitors really be required to speak French?

Factcheck: Is France really trying to ban speaking English at the Paris Olympics?

In a resolution adopted on Thursday, France’s Assemblée Nationale urged organisers of the 2024 Paris Games, as well as athletes, trainers and journalists, to use French as much as possible.

Annie Genevard, the sponsor of the resolution from the right-wing Les Républicains party, expressed alarm to fellow MPs that “the Olympic Games reflect the loss of influence of our language.”

The French MP’s resolution has garnered headlines, but does it actually mean anything?

Citing examples of English slogans in international sport, she added: “The fight for the French language … is never finished, even in the most official spheres.

“Let’s hope that ‘planche a roulettes’ replaces skateboard and ‘rouleau du cap’ point break (a surfing term), but I have my doubts.”

She’s right to doubt it – in French the skateboarding event is ‘le skateboard’, while the new addition of break-dancing is ‘le breaking‘.

But what does this actually mean?

In brief, not a lot. This is a parliamentary resolution, not a law, and is totally non-binding.

The Games are organised by the International Olympic Committee, the Paris 2024 Organising Committee and Paris City Hall – MPs do not have a role although clearly the Games must follow any French domestic laws that parliament passes.

The French parliament has got slightly involved with security issues for the Games, passing laws allowing for the use of enhanced security and surveillance measures including the use of facial recognition and drone technology that was previously outlawed in France.

So what do the Olympic organisers think of English?

The Paris 2024 organisers have shown that they have no problem using English – which is after all one of the two official languages of the Olympics. The other being French.

The head of the organising committee Tony Estanguet speaks fluent English and is happy to do so while official communications from the Games organisers – from social media posts to the ticketing website – are all available in both French and English.

Even the slogan for the Games is in both languages – Ouvrir grand les jeux/ Games wide open (although the pun only really works in French).

In fact the Games organisers have sometimes drawn criticism for their habit (common among many French people, especially younger ones) of peppering their French with English terms, from “le JO-bashing” – criticism of the Olympics – to use of the English “challenges” rather than the French “defis”.

The 45,000 Games volunteers – who are coming from dozens of countries – are required only to speak either French or English and all information for volunteers has been provided in both languages.

Paris local officials are also happy to use languages other than French and the extra signage that is going up in the city’s public transport system to help people find their way to Games venues is printed in French, English and Spanish.

Meanwhile public transport employees have been issued with an instant translation app, so that they can help visitors in multiple languages.

In short, visitors who don’t speak French shouldn’t worry too much – just remember to say bonjour.

Official language  

So why is French an official language of the Olympics? Well that’s easy – the modern Games were the invention of a Frenchman, the aristocrat Pierre de Coubertin, in the late 19th century.

Some of his views – for example that an Olympics with women would be “impractical, uninteresting (and) unaesthetic” – have thankfully been consigned to the dustbin of history, but his influence remains in the language.

The International Olympic Committee now has two official languages – English and French.

Official communications from the IOC are done in both languages and announcements and speeches at the Games (for example during medal ceremonies) are usually done in English, French and the language of the host nation, if that language is neither English nor French.

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