Several candidates for the European elections in June 2024 pay a subscription to X (formerly Twitter). This subscription, which allows you to increase your visibility on the social network, is contrary to the rules of the Electoral Code, according to the National Campaign Accounts Commission.
What do Jean Lassalle, Florian Philippot and Thierry-Paul Valette have in common? All three of them are French and candidates and head of list for the European elections in June 2024. They have another similarity: all three have an X account (ex-Twitter) which displays a blue dot, also known as a “ certification badge “. However, this small peculiarity could place them illegally.
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It's not just a decorative sign: the blue X badge, which previously was a sign that the account had a certain reputation and that the identity of its owner had been verified, has changed. Since the arrival of Elon Musk at the head of the social network, this is proof that the user is subscribed to X Premium, a paid subscription.
According to the National Commission for Campaign Accounts and Political Financing, “ this paid subscription, by its operation and its purpose, is a new method of advertising sponsorship (…) The use for electoral purposes, by a candidate or his team, of Twitter Blue, during the 6 months preceding an election, would be contrary to article L. 52-1 of the Electoral Code. »
The X Premium subscription is a kind of political advertising on social networks
On the 22 political figures heading the list, 2 did not have an badge. In details :
- Jordan Bardella (National Rally); Valérie Hayer (Renaissance); François-Xavier Bellamy (Les Républicains); Manon Aubry (La France Insoumise) and Philippe Folliot (Rutalités) have a silver badge.
- Raphaël Glucksmann (Socialist Party / Place Publique); Marie Toussaint (EEVLV); Marion Maréchal (Reconquest); Léon Deffontaine (French Communist Party); Jean-Marc Governatori (Ecology Center); Guillaume Lacroix (Radical Left Party); Hélène Thouy (Animalist Party); Nathalie Arthaud (Lutte Ouvrière); François Asselineau (Republican Popular Union); Jean-Christophe Fromantin (Territories on the Move); Yann Wehrling (Positive Ecology and Territories) and Caroline Zorn (Pirate Party) do not have a certified account visible.
- Marine Chollet (Equinox) and Laure Patas d’Illiers (Europe Démocratie Esperanto) do not have an X account.
- Jean Lassalle (L’Alliance Rurale); Florian Philippot (Les Patriotes) and Thierry-Paul Valette (Europe Equitable) have a blue badge.
The fact that the CNCCFP describes the X Premium subscription as “ advertising sponsorship » is far from trivial. Indeed, the article L. 52-1 of the Electoral Code indicates that ” 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. » By having a Premium subscription, Jean Lassalle, Florian Philippot and Thierry-Paul Valette would therefore be in contravention of the law.
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A decision that penalizes certain candidates
Thierry-Paul Valette thus “ decided to keep » his subscription. “ Furthermore, I don't use it for advertising and (it) is a small Twitter account. » « This Twitter story (sic) we learned about just a few days ago and we deplore that we were not officially notified », also regrets the candidate's team. “ Furthermore, we have consulted the article of the law and we believe that it is not very clear on the subject. Having a blue (sic) account does not mean that the person will necessarily use it to advertise. »
Up to 3 years of imprisonment
So what do these three candidates risk? “ If the cost of this subscription appears in the candidate's campaign account, being an expense which would be intrinsically irregular with regard to article L. 52-1 of the electoral code (…), the Commission could proceed to the reduction of reimbursement to the amount of the corresponding expense. » If the candidate hides the expense and “ does not declare it in his campaign account, the Commission could use its modulation power to reduce, as a sanction, the amount of reimbursement due to the candidate. »
That's not all: candidates risk heavier penalties, which are defined by article L. 113-1 of the Electoral Code, recalls the CNCCFP. Candidates who would have benefited displays or commercial advertising not complying with Articles L. 51 and L. 52-1 » can be punished with “ three years of imprisonment and a fine of €45,000 “. The Commission could also “ send a report to the competent public prosecutor on facts likely to fall under the aforementioned offense. »
Other candidates at fault?
If Florian Philippot, Jean Lassalle and Thierry-Paul Valette are the only ones to display a blue badge, they are perhaps not the only ones at fault. Indeed, since August 2023, X Premium has allowed subscribers to hide their badge on their profile, while giving them the benefits of their subscription – and therefore, visibility.
With this possibility, it is impossible to know at a glance whether the 12 candidates whose profiles do not display badges are respecting the law. There is also no evidence that they are in violation. Questioned about this, X sent us an automatic response, indicating that the press service was “ busy at the moment ”, and asking us to come back to them later. The CNCCFP assured us that “ the possibility of hiding the “blue checkmark” was the subject of recent exchanges with X / Twitter. The Commission will direct its control accordingly and on the basis of the expenses recorded in the campaign accounts which will be submitted. »
“ The deliberate concealment of the “blue check”, which is likely to hinder the Commission's controls, would be taken into consideration to determine the sanction (rejection of the account or reduction of the reimbursement due to the candidate) », Also specifies the CNCCFP.