Skip to main content
Imprimer

Parliamentary Report “Influence and Social Networks”, A. Delaporte and S. Vojetta, submitted to the Government, January 2026; Opinion on the Competitive Functioning of the Online Video Content Creation Sector in France, French Competition Authority, February 2026

In January 2026, the Delaporte-Vojetta parliamentary mission issued its report entitled “Influence and Social Networks”, followed in February by the publication of the French Competition Authority’s (Autorité de la concurrence – ADLC) opinion on the competitive functioning of the online video content creation sector in France.

Although their respective approaches differ in terms of emphasis, the recommendations arising from these two analyses are largely complementary in nature.

The ADLC approaches content creation from a competition law perspective, characterising the sector as a multi-sided market — more precisely, a “three-sided” market — connecting creators, audiences and advertisers via online platforms. It notes that, despite increasing professionalisation (more than 150,000 professional creators in France in 2024), the sector remains structured around a limited number of major platforms: YouTube, TikTok, Instagram and, to a lesser extent, Twitch. The Authority highlights network effects, audience lock-in and the structural dependence of creators on these platforms. It considers that platforms unilaterally determine both advertising revenue-sharing rules and the visibility conditions of content through their recommendation algorithms.

The Delaporte-Vojetta report adopts a broader and more institutional approach, addressing issues such as the legal status of influencers, consumer protection, professional structuring, taxation and the resources of supervisory authorities. Certain concerns — in particular the regulation of platforms — nonetheless overlap with those identified by the ADLC.

Without claiming to be exhaustive, several analyses and recommendations deserve particular attention.

First, with regard to the economic and tax structuring of the activity, the parliamentary report proposes attaching the habitual exercise of commercial influence to the legal regime applicable to “commercial operators” under the French Commercial Code. Such an approach would explicitly recognise the professional and organised nature of the activity by bringing it within the scope of the French Commercial Code, with the resulting consequences in terms of business registration and the keeping of appropriate accounting records. The report also suggests incorporating structuring and tax compliance requirements into existing or future certifications (notably the ARPP’s “Responsible Influence Certificate”), which are often requested by advertisers.

Second, the role of agents receives specific attention. The ADLC notes that engaging an agency may provide certain creators with a competitive advantage, without, however, remedying the structural imbalance vis-à-vis platforms. The parliamentary report identifies agents as an intermediary link requiring stronger oversight in order to prevent contractual abuses and conflicts of interest. It recommends introducing mandatory registration in a public register, strengthening contractual transparency requirements and supervising commission practices.

Third, both analyses converge toward a stronger requirement of effectiveness and transparency. The Delaporte-Vojetta report emphasises enforcement resources, recalling that in 2024, 292 influencers were inspected by the DGCCRF, and recommends significantly increasing its resources. It also advocates the creation of a single online reporting portal for “digital misconduct”. The ADLC adopts a different but convergent approach by calling for greater transparency from platforms in the implementation of advertising revenue-sharing rules and recommendation algorithms. It recalls that unfair practices could be pursued under rules relating to abuse of dominant position or economic dependence.

In conclusion, these two documents reflect a shift toward more structural regulation of the sector: strengthened oversight of intermediaries, increased accountability of platforms, enhanced powers for supervisory authorities and growing demands for economic transparency. Market participants — advertisers, platforms, agencies and creators — should therefore anticipate an evolution of the regulatory framework, likely accompanied by intensified enforcement activity.

Imprimer