What are the potential consequences for an influencer who conducts electoral propaganda for financial gain?

Certain rules must be respected before a political election, particularly regarding advertising. Generally speaking, influencers are also required to be transparent about their commercial activity.

“ zero euros because I'm pissing off the National Rally for free. » It is with this message that the influencer Léna Situations reacted on X (ex-Twitter) on June 25, 2024, in response to an Internet user who suggested that she had received money for political promotion. This one had statedwithout providing proof, that Léna had received 15,000 euros.

In this case, everything started froma shared message by Léna Situations during June. She indicated that she was taking a position against the RN during the next legislative elections, organized hastily due to the dissolution of the National Assembly decided by Emmanuel Macron. “ We will vote against the RN on June 30 and July 7 “, she wrote.

Lena's message, in reaction to an Internet user's accusation. // Source: Screenshot

Generally speaking, influencers are bound, within the framework of their activity, to an obligation of transparency. In reality, however, this is poorly respected. According to the Ministry of the Economy, 60% of those who were checked in the first quarter of 2023 concealed the advertising nature of their partnership.

So, to comply with the law, personalities must say if they were paid to promote a product or service, with clear mentions and indications (such as #advertising or #compensation hashtags). Failure to do so risks a fine of 300,000 euros and a maximum prison sentence of 2 years.

The Consumer Code indicates that commercial practice becomes misleading if it is committed in certain circumstances, in particular “ when the person on whose behalf it is implemented is not clearly identifiable. » She l'is also if she ” omits, conceals (…) its true commercial intention “.

The rules of the electoral code on advertising

In terms of politics, the electoral code in its article L52-1 prohibits any propaganda in the form of commercial advertising through the press or any other means of audiovisual communication during an electoral campaign. The wording of the article is dated, however, because it does not discuss electronic communications.

Organizing elections is expensive // Source: Canva — The law imposes certain limitations. // Source: Canva

“ During the six months preceding the first day of the month of an election and until the date of the round of voting in which it is acquired, the use for electoral propaganda purposes of any commercial advertising process by means of the press or by any means of audiovisual communication is prohibited ”, it is thus indicated.

Here, the sanctions provided are aimed at any candidate who does not respect the letter of article 52-1. In L'Article L113-1 of the electoral code, there is a provision for three years in prison and a fine of 45,000 euros (the maximum penalties) if there have been displays or commercial advertising not respecting, precisely, article L52-1.

The manipulation hypothesis

Finally, influencers also have every interest in avoiding any offer of political propaganda for remuneration. Indeed, it is not impossible that this could be a manipulation operation coming from a foreign power. This is a hypothesis that should not be dismissed too quickly.

The possibility of interference was raised when Jeremstar, another internet star, testified on TikTok And X canvassing a political party (not identified by the person concerned) to encourage its subscribers to vote for the elections. He indicated that he had refused the offer. This affair emerged on June 20, after the dissolution.

A maneuver of this type would not be surprising. After all, it has already happened: we remember in 2021 an agency which tried to convince French influencers to denigrate the Pfizer vaccine, while the world was still marked by the coronavirus pandemic. Ramifications with Russia were subsequently noted.