France: Closed consultation on Regulation of Influencers / Content Creators, including content moderation obligations for online platforms

On 31 January 2023, the public consultation closed on the draft Regulation of Influencers / Content Creators, including obligations for online platforms. The draft Regulation issued by the Ministry of Economy, Finance, Industrial and Digital Sovereignty covered eleven measures divided into four topics. The first concerns the rights and duties of influencers, the legal definition of the profession, and the contractual regularisation of the relationship between influencer and brand. The second concerns the regulation of intellectual property intending to protect content creators. The third deals with consumer protection, the imposition of obligations on digital platforms, and the possible drafting of a guide and site aimed at influencers. Finally, the fourth topic includes proposals for creating a new label to be displayed online by content creators. In regard to content moderation obligations for platforms, the draft outlined measures to encourage platforms to implement tools that would detect dangerous products promoted on their platform, providing visibility for certificates that content creators could obtain from self-regulatory organisations and establishing procedures for the blocking of pages and channels that promote illegal offers.