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Following its adoption by the National Assembly on 30 March, the Senate has adopted, with amendments, the bill to regulate influencer marketing and combat abuses by influencers on social networks. The bill aims to regulate influencer marketing on social networks and the status of influencers and influencer agents in order to combat the spread of misleading or fraudulent commercial practices on the Internet. In an open session, the senators clarified the relevant legal framework in particular, pointing out that the existing rules governing advertising and promotion already apply to influencer...

On 15 May 2023 the Grand Chamber of the European Court of Human Rights (ECtHR) has confirmed its earlier Chamber finding of 2 September 2021 in the case of Sanchez v. France. The ECtHR found that the criminal conviction of a politician for failing to promptly delete hate speech, that was posted by others, from his public Facebook account, did not violate the right to freedom of expression as guaranteed under Article 10 of the European Convention on Human Rights (ECHR). The Grand Chamber of the ECtHR confirms that imposing criminal liability on internet intermediaries is capable of having chilling...

On 24 March 2023, in order to meet the challenges of protecting young people in the media in the 21st century, media regulators from Belgium, Germany, France, the United Kingdom and Cyprus set up an international working group on age verification, which will meet regularly to exchange information about topical issues related to youth protection in the media. They published a joint statement that sets out the main elements of their future cooperation. The working group’s current members are the French Autorité de régulation de la communication audiovisuelle et numérique...

On 13 April, the Commission Nationale de l’Informatique et des Libertés (French data protection authority – CNIL) announced that it had opened a “review procedure” to investigate five complaints concerning the artificial intelligence chatbot ChatGPT, including one lodged by MP Eric Bothorel alleging possible breaches of the General Data Protection Regulation (GDPR). Meanwhile, Jean-Noël Barrot, France’s digital minister, called for a more moderate approach, saying that blocking ChatGPT was not the answer and that it would be better “to regulate...

Tabled by MPs Arthur Delaporte (Socialist Party) and Stéphane Vojetta (Renaissance Party), the bill “to regulate influencer marketing and combat abuses by influencers on social networks” was adopted at first reading by the National Assembly on 30 March 2023. The text contains amendments proposed by the Ministry of the Economy based on the conclusions of a report on the regulation of the influencer marketing sector published on 24 March. A code of conduct for influencers and content creators, explaining influencers’ rights and fiscal, social and regulatory obligations, has...