“An individual expressing a point of view or giving advice in a specific field and according to a style or treatment that is specific to him and that his audience identifies”: this is the presentation of the creators of audiovisual content on social networks that today constitute “influencers”, all sectors combined.
Content Creator & Business Influencer
Under the law of June 9, 2023, a commercial influencer includes any natural person or company who uses their reputation for a fee through social media to promote goods, services, or causes.
Therefore, the issues related to the influencer’s status and legal classification, their relationships with the platforms and social media that support their communication, the framework for relationships between influencers, influencer agencies, advertisers, advertising agencies, and partners, as well as their relationships with their followers, whether fans or consumers, entail numerous legal consequences.
Audiovisual content, product promotion, presenters, etc.
The influencer profession covers a wide range of products and services, from the creation of audiovisual content to the promotion of products or services, and even the organization of events, competitions, consulting, or promotions.
Consequently, a variety of legal regimes are needed to regulate the various activities affecting influencers, including communications law and their editorial liability depending on the content and social media in question, the applicable rules regarding the advertising of products and services, as well as those applicable to the protection of young people and personal data, and the intellectual property implications of their creations.
Influencer – Professional structuring
Given the diversity of activities and methods in which influencers work, specific consideration of the conditions for launching a professional influencer business requires careful consideration, with the assistance of specialized lawyers.
A variety of parameters related to the services provided, their sponsors and recipients, the freedom to produce and create the intended audiovisual content, and the relationships of subordination to advertisers, partners, or agencies influence the professional structure of influencers.
Influencers & taxation
The tax treatment of influencers is a major issue, as the current legal framework does not effectively cover the full range of income generated. The tax treatment of influencer compensation requires professional assistance in determining the classification of the income considered and assessing taxable income.
The value of gifts/subscriptions/gifts transmitted via certain platforms and social networks, the relationship with the advertiser, and the structuring of influencers’ activities are all factors to consider.
The advice and assistance of legal professionals appears essential to ensure the consistent organization of influencers’ activities and to prevent the difficult situations they may face, particularly with regard to tax authorities. Complemented by the expertise of lawyers specializing in digital law, professional influencers, especially commercial influencers, will be able to develop their activities with peace of mind.
We can only regret the lack of details regarding tax aspects in the legislative text of the law of June 9, 2023 aimed at regulating commercial influence and combating the excesses of influencers on social networks.
Children & Minor influencer
Recent years have seen significant protection for child influencers through the enshrinement of their activities in the French Labor Code, and more recently, the consolidation of their image rights (Law No. 2024-120 of February 19, 2024).
While child labor is prohibited in principle in the best interests of the child, the legislature has proposed strictly limited and regulated exceptions within the Labor Code, particularly in Articles L. 7124-1 et seq., targeting types of activities associated with the sports and cultural sectors: high-level athletes, models, fairground workers, esports players, and, more recently, influencers (Law of October 19, 2020).
Complementing the existing framework, a bill dated January 19, 2023, proposed to guarantee respect for children’s image rights within the Civil Code through two articles:
- Article 372-1: “Parents jointly exercise their minor child’s image rights, while respecting the right to privacy mentioned in Article 9. Parents shall involve the child in the exercise of their image rights, according to their age and level of maturity.”
- Article 373-2-6: The judge “may also prohibit one parent from publishing or distributing any content without the authorization of the other parent.”
Several authorities and entities co-regulate the work of child influencers, notably through authorizations from prefectures, deposit and consignment offices, and courts analyzing the proper exercise of parental authority.
Find our complete guide on the protection of child influencers, as well as our training courses covering these topics.
