All about the Influencer Law: a “temporary patch” or a lasting measure?

05/07/2024

The government of Spain approved the Influencers Law with the aim of regulating the activity of content creators on social networks and protecting consumers from covert or harmful advertising. This regulation will apply to all content creators who have annual income of more than 300,000 euros, or have more than one million followers on any social network.

As the Official State Gazette points out, the Influencers Law was born with the objective of adopting an updated legal framework in accordance with the evolution of the audiovisual market, the protection of users and competition “with the same rules of the game” between actors competing for the same audience.

One of the great challenges of the regulations was the definition of influencers, which the Law has presented based on three axes: the income generated, the type of activity on social networks and the number of followers. In this way, they are considered “influencers”, they are those who have an annual income of 300,000 euros per year thanks to their audiovisual activity, those who exceed one million followers on a single platform, or two million followers in their total activity. on networks, or who have published regularly, that is, 24 or more videos a year. These will have to register in the next two months in the State Registry of Audiovisual Providers as “users of special relevance.”

In terms of advertising, this regulation seeks to promote good advertising practices, since the content of influencers on social networks has a high impact on the audience that views them. Through this law, influencers will be obliged to comply with regulations regarding the protection of minors and audiovisual commercial communications.

Some of the obligations are the identification of advertising content: explicit labeling of all advertising content to differentiate it from organic content or the prohibition of advertising of harmful products, such as tobacco, alcohol or gambling and betting aimed at minors.