Kylian Mbappé, an influencer outside the game with his ad for the Sorare football app – Libération

You can have hundreds of millions of subscribers on social networks and not be aware of the basis of the law regarding influence… or have nothing to do with it, it depends. World football star Kylian Mbappé surprised his world this Tuesday, September 10, by sharing a publication on Instagram and X (ex-Twitter) promoting an online football game, Sorare. Let’s move on from the interest of publishing a partnership on the platform owned by the very problematic Elon Musk. If there is no doubt regarding the fact that this is clearly an advertising spot and not a disguised partnership as certain influencers are accused of, the problem consisted mainly in the absence of explicit mention of commercial collaboration on X, contrary to what is required by law.

“I’m going to need your help,” begins the publication of the French player, which takes the form of a banal competition between brothers. “Train my Sorare team and show my brother Ethan Mbappé who is the best”. The new Real Madrid striker then calls on his fans to “play now” to get rewards.

A football league simulator, Sorare also involves potential financial transactions, by offering “Win over $15,000,000 in cash rewards, VIP tickets, signed jerseys and much more” to its users who opt for paid competitions. Enough to add a problematic element to this publication, since it involves in its promotion the brother – minor – of the former PSG, Ethan Mbappé, a 17-year-old Lille player.

Sorare had escaped the classification of gambling in 2022 after negotiation with the sector regulator – by offering free service advantages to its users. But the company does, however, fall within the framework of the law aimed at securing and regulating the digital space (SREN, n°2024-449 of May 21, 2024), as “Jonum” (Monetizable Digital Object Games). And the latter cannot, in the same way as gambling, send any commercial communications to minors. On X, the network of addiction associations and professionals Fédération Addiction also denounced the risk of addiction that an application like Sorare can represent. The national gaming authority was concerned in 2022 about the increase in gambling among young people.

Lack of transparency

More generally, although online commercial communications are authorized, they remain highly regulated to avoid abuse. People who carry out a “commercial influence activity” (law no. 2023-451) must therefore, since June 9, 2023, clearly communicate to their community the commercial nature of their publications, when they distribute “content intended to promote goods, services or any cause” against remuneration.

In its “guide to good conduct for influencers and content creators”, the Ministry of the Economy explains for example that sponsored content must mention the notion of “advertising” or “commercial collaboration”. Otherwise, this lack of transparency constitutes a “deceptive commercial practice”, punishable by a prison sentence of two years and a fine of 300,000 euros, specifies this same guide.

In reaction to Kylian Mbappé’s publication, several Internet users said they believed it was a hack, as happened at the end of August. The account of the man who recently joined the Spanish capital had published astonishing positions, between pro-Ronaldo tweets, support for bitcoin and even Palestine, before they were immediately deleted.

During the afternoon, Sorare acknowledged to Liberation what “the mention of the partnership nature of the post had not been indicated on X. The update has now been carried out”. The initial publication on No question of exposing yourself to a whistle from the courts.

Update : at 5:18 p.m., with the addition of Sorare’s response and the modification of Kylian Mbappé’s message on X.