Back in 2018. In « a story “, an ephemeral video clip, on the social network Snapchat, former reality TV star Nabila Benatia Vergara, now an “influencer”, confirms the free service provided by the exchange site, investing in bitcoin, and the potential for significant gains. fee for providing this site.
in time, Marian Try warning the influencer. ” Praising Bitcoin without specifying that it is an advertising transaction is a deceptive commercial practice, punishable by two years in prison and a €300,000 fine. we wrote. According to Article L121-3 of the Consumer Code, commercial practice is truly misleading when “ omits, conceals or presents in an incomprehensible, ambiguous or inappropriate manner material information or when it does not indicate its true commercial intent if it does not already appear out of context Three years later, the verdict fell: a €20,000 fine for the influencer now residing in Dubai, the new El Dorado of tax-sensitive web stars.
Directorate General of Competition, Consumer Affairs and Fraud Control (DGCCRFI showed this to Nabila Benatia-Vergara. Transaction fine ‘, which takes into account the profit from this operation. The influencer kissed her and spoke about it at her expense Twitter.
I made an agreement with DGCCRF, paid a fine of €20,000 after publishing a post on BITCOIN several years ago, when I started my activity and accepted the publication of this transaction
– Nabila Vergara 28 July 2021
« Failure to indicate the advertising nature of its posting (by means of a slogan or verbal or written mention, for example) constitutes a deceptive commercial practice against its subscribers who may mistakenly believe that influencer promotion is the result of a `positive` selfless personal experience DGCCRF detailed in a press release published on Wednesday, July 28.
For this organization, the media coverage of this punishment sheds light on what constitutes a real scourge on social media. Media coverage that was greatly supported by the Minister of Economy. ” Influencers should inform their community when they are paid to promote products Bruno Le Maire replied on Twitter.
Influencers must inform their community when they are being paid to promote products.
Let’s fight together against disguised ads. Report this deceptive behavior on https://t.co/orHLa3bwPO.Tweet embedTweet embedhttps://t.co/1SF9t3NOaw
– Bruno Le Maire 28 July 2021
The business model of influencers operating on Youtube, Snapchat, Instagram and now TikTok is largely dependent on brands sponsoring their content or paying them to advertise a product. But the legal principle of indicating the commercial nature of an image, video or message is not always respected.
Social networks have not yet implemented tools to clearly indicate the commercial purpose of the posts. On Instagram, if the account owner checks the correct box, the text will show ” paid partnershipBrand name” » Click the posted image.
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OnYouTube, a banner indicating that the video includes ” business communication It remains on the screen for the first 20 seconds. Google, the owner of Youtube, also requires that this function be activated systematically when a video is the subject of a bonus. “ If your video contains such communications, you must tell us so that we can pass this information on to users. “,” Pointing to the giant on his site.
But more often than not, the stars do things their own way, preferring to say that such content was produced ” With “Brand name” Or simply by thanking the brand. Others use tricks to disguise the trade cursor, by placing a small #Collaboration on a corner of the screen, or in a color similar to the background color, for example.
Courtship of law … and morals
Regular flirtation with the law and a real lack of moral sense when we know how young the audience of these content producers is. Why this reluctance to clearly display the commercial nature of the image? because'” A post openly announcing a partnership is going back less to users’ content threads, on Instagram, but also on TikTok “,” Two working people say In a creative agency »To Vincent Manelev, the author of the book YouTube behind screens. Artists, heroes, con artists, published May 2018 by Lemieux Editions.
While the DGCCRF notes that ” Other investigations are underway “In cases such as the case of Nabila Benatia Vergara, The professional body for the regulation of advertising List the best practices that influencers should follow. She primarily recommends Contact at the beginning of the post “Internet users should not have to search or even to click To find a male business partnership. Mention which should also be” sincere ‘, by keywords’ #advertisement, #partnership “or” #cooperation “But avoid English speakers.” #ad (“Pub”), which is highly regarded for its brevity, and vague formulas such as ” Thanks… ».
The Authority also notes that, unlike payments, ” free gift “or” invitation “They also form business partnerships and should be marked as such. The rules are so clear that it is increasingly difficult for influencers to pretend to be ignorant… This has not stopped Nabila Nabila Benatia Vergara from explaining on July 28 on Twitter that she ” new job “and did” There are still no strict regulations “. OK then…
I am not above the law and I take responsibility for the consequences of my actions.
This profession is new and we still do not have strict regulations.
I hope that this agreement raises awareness and the need to supervise our activity 🙏🏼
– Nabila Vergara 28 July 2021
Also Read: How YouTubers and Other Web Stars Tell Young People With Hidden Ads
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