Social media activity and usage
Estimated population active on social media as of January 2024*
Platforms ranked by usage in 2022/2023*
1. Youtube
2. Facebook
3. WhatsApp
4. Instagram
5. SnapChat
Current laws and regulations relevant to social media
All EU laws mentioned in the EU section
French Constitution
Freedom of speech is a constitutional right in France. It is included in articles 10 and 11 of the Declaration of Human Rights of 1798, which is part of the French Constitution. Social media platforms have brought new challenges. As in many other countries, regulating speech on social media platforms is complicated by the tension caused between protecting freedom of speech and preventing hate speech and other unlawful content.
Data protection laws applicable to social media
EU data protection laws apply in France
Commission Nationale de l’Informatique et les Libertés (CNIL)
The CNIL is the French SA and they are applying increased scrutiny on social media platforms face in France, including levying significant fines against social media companies.
Legislative developments on the horizon
EU Developments will be equally applicable in France.
French Online influencer law
The French Parliament adopted on June 1, 2023, a draft bill that seeks to regulate influencers’ activities online after years of growing concern over the impact of influencer content on social media, particularly with respect to certain products (health, financial) and advertising campaigns that resulted in an increasing number of fraud claims. The purpose of this law will be to:
- Define digital “influencer” and “influencer agent”
- Provide a contractual framework for the relationship between influencer and influencer agent, setting out certain rights and obligations between them; those agreements will have to be governed by French law when the contracting influencer targets French subscribers
- Strengthen the role of online platforms in dealing with unlawful content (in particular by implementing a reporting tool); online platform operators will also be required to publish an annual report on content moderation activities
- Prohibit or restrict digital influencing activities in relation to certain products and services (e.g. plastic surgery, cryptocurrencies)
Contributors
Vincent Denoyelle
Partner, International Head of Media, Paris
E: vincentdenoyelle@eversheds-sutherland.com T: +33 6 48 60 26 64
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