1. [Home](https://socipro.com/) 2. [Blog](https://socipro.com/blog) 3. [Local marketing](https://socipro.com/blog/local) 4. France's influencer law explained for creators and brands > France's 2023 influencer law in plain English: the publicité label, retouched and virtual image notices, banned promotions, contracts and penalties. Page: https://socipro.com/blog/france-influencer-law Updated: 2026-10-09 # France's influencer law explained for creators and brands France's 2023 influencer law in plain English: the publicité label, retouched and virtual image notices, banned promotions, contracts and penalties. [**Eleanor Whitmore** Content Lead, Instagram and TikTok](https://socipro.com/authors/eleanor-whitmore)Reviewed by [Oliver Ashford](https://socipro.com/authors/oliver-ashford)Published October 9, 2026 · 8 min read The short answer France's Law No. 2023-451 of 9 June 2023 covers anyone paid to promote goods, services or causes to an online audience. Sponsored posts must show their commercial intent, for example with publicité or collaboration commerciale. Retouched or computer-generated bodies and faces need a notice. Some products cannot be promoted at all, and larger deals need a written contract. Key facts - The law is Loi n° 2023-451 of 9 June 2023, amended by Ordonnance n° 2024-978 of 6 November 2024 to fit EU law. - Hiding the commercial intent of a post is a misleading commercial practice, punishable by up to two years in prison and a €300,000 fine. - Retouched bodies or faces need the notice Images retouchées; computer-generated ones need Images virtuelles. - Since 1 January 2026, deals worth €1,000 or more (excluding tax) per year for the same promotional aim need a written contract. - Influencers based outside the European Economic Area who target French audiences must appoint an EU representative and hold liability insurance. France has a law written specifically for influencers. [Law No. 2023-451 of 9 June 2023](https://www.legifrance.gouv.fr/loda/id/JORFTEXT000047663185) sets rules on labels, image notices, banned promotions, contracts and creators abroad. In November 2024 the government rewrote parts of it by ordinance to bring it in line with EU law, so many English summaries from 2023 are now out of date. Article 17 of the law names the authorities that contribute to regulating commercial influence: the consumer protection directorate (DGCCRF), the financial markets authority (AMF), the gambling authority (ANJ) and the audiovisual and digital regulator (ARCOM). Everything below is based on the consolidated French text and was Checked October 2026. This is general information, not legal advice. If a campaign depends on it, ask a French lawyer. If you are a creator or brand in France and also use paid growth, for example [buying Instagram and TikTok followers in France](https://socipro.com/fr), the 2023 law does not address it directly. What it does forbid is hiding who is paying for a promotion, so start there. Paid engagement is covered by a different rule, explained near the end. ## Who counts as an influencer under French law? Article 1 defines commercial influence as people who, for payment or other consideration, use their reputation with an online audience to promote goods, services or “any cause”. There is no follower minimum. A creator with a small, loyal audience who gets paid for a post is covered in the same way as a household name. The law also defines influencer agents (Article 7), the people who negotiate deals on a creator’s behalf. Agents must avoid conflicts of interest and help keep their clients’ work within the law. Brands are not bystanders. Under Article 8, the advertiser, the influencer and their agents can be held jointly liable for harm caused to third parties by a promotion. ## What label does a sponsored post need? Article 5-2, added by the 2024 ordinance, says it is a misleading commercial practice to fail to make the commercial intent of a post clear, unless it is already obvious from the context. The text gives two examples of a clear statement: “publicité” and “collaboration commerciale”. The change matters. In the original 2023 version, the label was a free-standing duty in Article 5. The government’s report on the ordinance explains that it was moved into the misleading-practices framework to match the EU Unfair Commercial Practices Directive. Misleading commercial practices are punished under Article L132-2 of the Consumer Code with up to two years in prison and a fine of up to €300,000. Those are maximums, not typical outcomes, but they show how seriously French law treats hidden advertising. Practical habits that fit the rule: - Put “publicité” or “collaboration commerciale” at the start of the caption, before the “more” cut. - On video, show it on screen for long enough to read, and say it out loud if you talk to camera. - Label every Story frame of a paid sequence, not only the first. - Turn on the platform’s paid partnership tool as well, but don’t rely on it alone if your audience reads French and the tool shows English. ## When do photos need “Images retouchées” or “Images virtuelles”? Article 5 adds two notices that most countries don’t have. | Notice | When it applies (Article 5 I) | Penalty for leaving it off | | --- | --- | --- | | Images retouchées | An image edited to slim or thicken a body’s silhouette or to change the look of a face | Up to one year in prison and a €4,500 fine | | Images virtuelles | An image produced by computer generation that depicts a face or a body | Up to one year in prison and a €4,500 fine | | Publicité / collaboration commerciale | Any promotion whose commercial intent is not already obvious (Article 5-2) | Treated as a misleading commercial practice: up to two years and €300,000 | The image notices apply to promotional posts covered by the law. A color grade or a crop falls outside the wording; a slimming filter, a reshaped jawline or a generated model falls inside it. The 2024 ordinance softened how the notices must be displayed, citing proportionality and EU rules on generated imagery, so check the current wording of Article 5 before a campaign rather than an old checklist. ## What can’t influencers promote in France? Article 4 bans or limits promotion of several categories. This is the part of the law most likely to cost a deal outright. | Category | Rule | | --- | --- | | Cosmetic procedures that can pose health risks | Banned (the acts listed in the Public Health Code) | | Non-therapeutic products or methods presented as comparable to, better than or a substitute for medical treatment | Banned | | Nicotine products | Banned | | Wild animals | Banned, with exceptions for authorized establishments | | Financial contracts and certain crypto-asset services | Banned unless the advertiser holds the required authorization | | Paid sports tips and prediction subscriptions | Banned | | Gambling | Allowed only on platforms where an under-18 exclusion tool exists and is switched on, with an 18+ notice | Article 4 has been amended more than once since 2023, and the consolidated text on Légifrance already shows a version dated to change again on 1 January 2027. Health and finance deals are where you should check the live text each time. ## Do brand deals have to be in writing? Yes, above a threshold. Article 8 requires a written contract between the influencer and the advertiser (or agent) and lists what it must cover: the parties, the task, the payment or other consideration, rights to the work, and that French law applies where relevant. A contract that should have been written and was not is void. Decree No. 2025-1137 set the threshold. Since 1 January 2026, a written contract is required once the payments and the value of benefits in kind from one advertiser reach €1,000 excluding tax in a calendar year, counted across services with the same promotional aim. Below that line, a written agreement is still smart. It is the easiest way to prove what was agreed and who is responsible for which label. ## Does the law apply to creators outside France? It depends on where you are established. - **Inside the European Economic Area:** Article 5-1 applies the EU country-of-origin principle. A creator based in, say, Belgium or Germany is mainly governed by home-country rules, though France keeps some exceptions under the EU directives. - **Outside the EEA:** Article 9 says anyone who carries out commercial influence aimed at the French public must appoint a legal representative in the EU and take out civil liability insurance with an insurer established in the EU. For a creator in the US, UK, Canada, Australia or the UAE with a big French audience, that second point is easy to miss. Our [influencer disclosure rules by country](https://socipro.com/blog/influencer-disclosure-rules-by-country) guide covers the home-country rules for each of those markets. ## What should a brand check before booking a creator? Because liability is shared, a brand working with creators for a French audience has its own homework. A short pre-booking list: 1. **Category.** Confirm the product is not on the Article 4 list, and for finance or gambling, that you hold the authorization or the platform settings the law requires. 2. **Contract.** Add up payments and gifted products for the year. If the total for the same promotional aim reaches the decree threshold, sign a written contract that covers the Article 8 points. 3. **Labels.** Write the exact label into the brief: “publicité” or “collaboration commerciale” at the start, plus the image notices where edits or generated visuals are used. 4. **Location.** If the creator is based outside the EEA, ask for the name of their EU representative and proof of insurance. 5. **Numbers.** Ask for reach and audience data from the creator’s account insights, not only the follower count. Keep the brief and the creator’s approval of it. If a post goes out without a label, that paper trail shows who agreed to what. ## What about creators under 16? Article 3 confirms that France’s 2020 law on the commercial use of children’s images online applies to influencer work by minors under 16. If you run or manage a family account where a child appears in paid posts, read that law alongside this one before you sign anything. ## Where do bought followers and views fit? The 2023 law does not mention follower or view orders. EU consumer law does. Since 2022, the blacklist in the Unfair Commercial Practices Directive includes [point 23c](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019L2161): submitting or commissioning false consumer reviews or endorsements, or misrepresenting social endorsements, to promote products. The directive that added it names likes on social media as an example, and France applies the blacklist through its Consumer Code. Checked October 2026. The line, then, is promotion. Both laws point to the same habits. Use orders to give a new Reel, a launch or a live stream a fair first look, so strangers who open it don’t find an empty room. Don’t use them to sell influence you don’t have. If a brand pays you under an Article 8 contract based on audience numbers, share the reach and engagement figures your account insights show as well. Our guide to [Instagram engagement rate](https://socipro.com/blog/instagram-engagement-rate) shows how brands read those numbers. On the order side, the checks are the same in Paris as anywhere else. Our [link check explainer](https://socipro.com/blog/how-our-link-check-works) shows how we confirm the public profile or post before you pay. More country guides sit in the [local marketing section](https://socipro.com/blog/local). ### Sources (7) 1. [Loi n° 2023-451 du 9 juin 2023 visant à encadrer l'influence commerciale (version consolidée)](https://www.legifrance.gouv.fr/loda/id/JORFTEXT000047663185) 2. [Ordonnance n° 2024-978 du 6 novembre 2024 modifiant la loi n° 2023-451](https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000050456412) 3. [Rapport au Président de la République relatif à l'ordonnance n° 2024-978](https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000050456407) 4. [Décret n° 2025-1137 du 28 novembre 2025 portant application de l'article 8 de la loi n° 2023-451](https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000052950561) 5. [Code de la consommation, article L132-2](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000049532070) 6. [Directive (EU) 2019/2161 (Omnibus), adding point 23c to Annex I of Directive 2005/29/EC](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019L2161) 7. [Code de la consommation, article L121-1](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032227301) ## Frequently asked questions ### Is #ad enough on a sponsored post in France? Not reliably. Article 5-2 of the 2023 law gives publicité and collaboration commerciale as examples of a clear statement of commercial intent, and the statement has to be clear to the people who see the post. A short English abbreviation may not be clear to a French audience. Write the French word at the start of the caption or on the video itself. ### Does the French law apply to creators outside France? It can. Creators based elsewhere in the European Economic Area are mainly governed by their home country's rules, with exceptions. Creators based outside the EEA who aim their promotions at the French public must appoint a legal representative in the EU and carry civil liability insurance with an insurer established in the EU. ### Do gifted products need a written contract in France? Possibly. Under a 2025 decree, the written contract becomes mandatory once payments plus the value of benefits in kind from one advertiser reach €1,000 excluding tax in a calendar year for the same promotional aim. Products count as benefits in kind, so several gifted items from one brand can cross that line. ### Can a French creator promote crypto or trading apps? Only in narrow cases. Article 4 bans promoting financial contracts and certain crypto-asset services unless the advertiser holds the authorization French financial law requires. Before accepting such a deal, ask the brand for proof of its authorization and keep a copy, because advertisers, agents and influencers can be held jointly liable for harm a promotion causes. Eleanor WhitmoreContent Lead, Instagram and TikTokEleanor Whitmore writes Socipro's Instagram, TikTok and local guides. The platform guides cover how Reels, Explore and the For You feed choose what to show and how a LIVE gets its first viewers. The local guides cover posting times by time zone and the ad-disclosure rules in each country Socipro serves. Socipro sells the services mentioned in this article. How we write and check our guides: [editorial policy](https://socipro.com/editorial-policy). In this article - The short answer - Who counts as an influencer under French law? - What label does a sponsored post need? - When do photos need “Images retouchées” or “Images virtuelles”? - What can’t influencers promote in France? - Do brand deals have to be in writing? - Does the law apply to creators outside France? - What should a brand check before booking a creator? - What about creators under 16? - Where do bought followers and views fit? - Sources - FAQ Services in France ## Keep reading - [Local marketing · 8 min readBuying TikTok followers in Germany: Werbekennzeichnung and resultsBuying TikTok followers from Germany: what the UWG, DDG and TikTok's disclosure setting require for paid posts, how euro checkout works, and the limits.Oct 17, 2026](https://socipro.com/blog/buy-tiktok-followers-germany) - [Local marketing · 9 min readBuying Instagram followers in Canada: what to knowBuying Instagram followers in Canada: how Ad Standards and Competition Bureau disclosure rules apply, plus bilingual audiences and small business use.Oct 16, 2026](https://socipro.com/blog/buy-instagram-followers-canada) - [Local marketing · 8 min readBuy Instagram followers in Australia: a practical guideBuying Instagram followers in Australia: what the rules say, how to label paid posts, when to post across time zones, and what a follower count can't do.Oct 15, 2026](https://socipro.com/blog/buy-instagram-followers-australia)