Do the influencers pinned by Bercy risk heavier penalties?

2023-06-02 14:53:56

An injunction and after? Illan Castronovo, Simon Castaldi, Capucine Anav, Anthony Matéo, Léa Montchicourt and Gaëtan Debled were sanctioned by the Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) this Friday for breach of the rules concerning commercial partnerships .

Their sentence: an injunction to cease fraudulent practices and the obligation to post on their profile a publication listing the alleged offenses for 30 days. The measure that affects the six influencers for the moment is therefore the injunction. This is an administrative police measure, provided for by article L521-1 of the Consumer Code and article L470-1 of the Commercial Code.

A scale of sanctions according to the seriousness of the facts

The DGCCRF requires them to adopt, within a defined period, the corrective measures necessary to comply with the law. If they fail to do so, then it may impose an administrative fine or other sanction.

If this injunction may seem anecdotal, it is actually part of a range available to French justice and the DGCCRF to regulate commercial practices. This ranges from a simple warning to imprisonment, for the most serious offences.

A gesture already “strong”, according to Bercy

Warnings, injunctions and fines are decided by the DGCCRF itself. For the rest of the sanctions, it can send the minutes of its investigations to the courts, which can then decide on a criminal or civil sanction depending on the case. In the event of deceptive commercial practices, the penalties can go up to two years’ imprisonment and a fine of 300,000 euros.

After the investigation carried out by its services, the DGCCRF carries out “an assessment according to the seriousness of the facts”, it is underlined with the Parisian, which allows it to define the most appropriate sanction. “There is a real follow-up of practices on the part of our services and in the event of a repeat offense, the sanctions will obviously be heavier”, assures the DGCCRF, which maintains that “the publication of these injunctions on the networks is also a strong gesture “, while a law governing the practices of influencers was passed on Thursday.

“I didn’t do any weird anas or trading”

“I was condemned only and only because I forgot the hashtag ‘sponsored’ on some of my product placements in the past because I was not paying attention”, admitted this Friday Simon Castaldi in an Instagram story. “So let’s be clear, I did not do any scams or do any weird trading, stealing credit cards,” he added, acknowledging that he was “a little naive”.

These influencers are not, however, the first to be singled out by the services of the Ministry of the Economy. Reality TV star Nabilla Benattia was fined 20,000 euros in 2021 for “misleading commercial practices relating to the promotion on the Snapchat social network of an online trading training site”.

#influencers #pinned #Bercy #risk #heavier #penalties

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.