Spain is set to have its own 'influencer law' to regulate content creators and provide a legal framework to hold them to account.
The draft legislation, which is slated to be on the books by summer, builds on Spain’s Audiovisual Communication Law, passed in 2022, and aims to align rules for online content creators with those of other more traditional forms of media, such as television.
Among other regulations are limits on the broadcasting of certain content at certain times of day, and rules to force influencers to make clear when their content has been paid for by brands.
This is not the first move made by the Spanish government to try and regulate online content and bring 'influencers', 'streamers', 'Youtubers', 'TikTokers' and other content creators into the remit of the law. In early-2023, Spain announced plans for a 'streamers register' and other audiovisual platforms could soon be forced to follow suit.
READ ALSO: Spain probes X (Twitter) over cryptocurrency ads
Sources from the Ministry told Spanish news outlet 20 Minutos that "The most important thing is that for the first time they will be subject to the same system, the same rules and the same limitations as television channels."
In recent years, governments across the world have made attempts to catch up with the speed with which social media and tech companies have outpaced regulation. If Spain passes its Influencer Law, it would become just the second EU member state to regulate influencer activity and content following France, whose parliament unanimously approved its own law in the summer of 2023.
One of the main challenges of legislating online content is defining exactly what constitutes an influencer in the eyes of the law. Spain's Ministry for Digital Transformation has launched a public consultation process to better define the requirements to be considered a "user of special relevance", the same term used in the 2022 Audiovisual Communication Law.
According to the early draft text of law, to be considered an influencer content creators must meet a series of requirements, including:
The service provided is an economic activity whereby its owner obtains a significant income derived from its activity in video exchange services through a platform.
That users of 'special relevance' are editorially responsible for their audiovisual content made available to the public.
That the service provided is intended for the general public and may have a clear impact on them.
That the function of the service is to inform, entertain or educate, and the main purpose is the distribution of audiovisual content.
The service is offered over electronic communications networks, ie. the internet and social media networks.
The draft text also proposes bans on covert or subliminal advertising, and any commercial content advertising tobacco, electronic cigarettes or herbal products. Nor will influencers be allowed to advertise medicines or health products that do not comply with advertising regulations, or alcoholic beverages.
In the case of content related to betting or gambling, they may only publish or stream it online between the hours of 1.00am-5.00am.
The bill also includes a series of penalties for violating the law. Possible sanctions include fines of between €10,000 and €50,000 for minor infractions, and between €30,000 and €600,000 for more serious offences.
The legislation is unlikely to cover all influencers, however, and the government's draft bill establishes audience and income thresholds after which the rules will be applied – currently of 2 million followers and €500,000 in revenue per year. However, the Ministry has not ruled out lowering the limits.
"Right now we have passed it on to the Council of State, and depending on that we will see the amount we set. We're open to it being less than what we had initially set,” Ministry sources said.
It is anticipated that the Royal Decree could be taken to the Council of Ministers for approval before the summer.
Comments