Does France's “zero-tolerance” ban on influencers promoting cosmetic surgery go far enough?

nope.

In March, France’s parliament passed a bill that prohibits influencers from promoting cosmetic surgery procedures on social media. Now awaiting Senate approval, the bill isn’t expected to see much pushback in the upper chamber and will thus become law within the coming months.

As well as defining what a paid influencer is, the new law stipulates that any people who fall into this category must abide by strict new rules. These include a requirement to state whether posts have been retouched or filtered — with a notification that is visible at all times within the post itself, as well as a ban on any advertisements that promote cosmetic surgery.

“All promotion for cosmetic surgery by an influencer as part of a paid partnership will be prohibited,” explained France’s Finance Minister, Bruno Le Maire. “I want to say to the influencers who do not respect the law, from now on, we will have a zero-tolerance approach. No sidestepping or breaking the rules.”

The government has taken a hardline approach to the plight of influencers. And, this new regulation will likely have a massive impact on the way influencers operate in the country. That’s because anyone who is caught breaching the new laws could face two years in prison or €30,000 worth of fines. Yikes!

Aimed at protecting social media users from harmful content that is largely known to impact mental health, many have commended the new legislation as a step in the right direction. Upon further inspection, however, the new bill raises more questions than it answers. And, I’ve got a lot of questions.

Does France’s new influencer bill go far enough?

Whether France’s new influencer-focused legislation goes far enough is certainly up for debate. So here are four arguments that we need to unpack.

1. First up, the wording

The wording of the new bill targets those that are involved with paid partnerships linked to promoting cosmetic surgery. However, it fails to hold accountable influencers that don’t make a monetary profit from their social media or those who promote non-invasive plastic surgery such as fillers and Botox. This narrow focus may contribute to a partial policing of the main social media culprits, but it leaves many micro-influencers free to promote potentially unethical or unsafe products and services. So, in this sense, France’s ban merely scratches the surface when it comes to tackling the real issues.

2. Umm, aren’t the social media platforms to blame?

Let’s be real. Doesn’t just seeing an influencer sometimes make you feel influenced? Sometimes, their mere presence on our screens has the bizarre power to sway us towards certain products or cosmetic enhancements that we never knew we needed. It's difficult to tell whether their personal choices have influenced us or if it's simply their enticing online personas (and I’m sure there will be countless psychological papers written about this one day.) But this highlights a bigger issue.

While promoting unattainable standards of beauty on social media should rightly be restricted, platforms like Instagram — which are brimming with algorithms — expose us to things that we think we need and to influencers that align with the profiles we follow. So, why isn’t this ban focusing more on the social media platforms that allow this type of environment to thrive?

3. What about the companies actually advertising on Instagram…

A staggering 93% of marketers have used influencer marketing as part of their wider campaigns. And, up to 70% of social media users think social media is a viable source of information when it comes to cosmetic procedures. Should France be targeting the middleman when such companies see no problem with leveraging social media and tapping into young cohorts of vulnerable people as part of an ongoing bid to make millions? If social media platforms aren’t to blame, what about the companies actually paying these influencers to promote products in the first place?

4. The filtered world conjures up some weird ethical concerns

Video filters have become more realistic than ever before, to the point where they no longer glitch and anyone can essentially transform into their virtual catfish. Are we actually going to be able to tell if someone breaks this law? WHO KNOWS. But, if you see an influencer alongside a notification that says their images are edited — could that actually influence you to want to edit your pictures as well? 🤔

To wrap up point number four, I also want to look a little deeper into the emotional impact this law might have on all. That’s because the use of filters has been found to hurt the mental well-being of users. Some individuals may find it difficult to recognize their true selves due to the pervasive use of filters. Adding to this issue, certain influencers also admitted that they’ve chosen to use filters because of social media pressures and the lucrative nature of social media work — which circles back to point number two.

And there we have it, people — a vicious yet complex cycle of social media fuckery.

France is taking some initiative but is there another way?

Now for the hard part. If France’s influencer law doesn’t quite cut it, what’s the solution? Don’t worry, I’m scratching my head just as much as you. Social media legislation is complex and any protections shouldn’t be taken lightly. That’s why more thought could be put into France’s law to tackle the root cause of the problem.

I wish I was writing an article about how France is a pioneer in the face of social media evils. If I’m honest, I’m sure most of you are glad that influencers finally need to publicly state whether their images are doctored.

While this is a step in the right direction, it raises questions about its effectiveness in regulating all forms of influencer marketing. In short, I don’t think regulators are seeing the bigger picture. They’re not targeting those that benefit. Because those people are the plastic surgeons, the developers behind filters, cosmetics companies, and people who make filler products to make us look like our favorite influences.

Does this law go far enough? Heck no. But will governments ever actually hold the people that line their pockets thanks to our insecurities? One can hope that we’ll get there eventually.