Strict standards for social media influencers will be imposed by a new Audiovisual Communication Law in Spain. The bill, which is believed to be the first proposed framework dedicated to the sector in Europe, will require social media influencers to respect existing rules on gambling advertising, among other measures.
Influencers in Spain can receive fines of up to 150 thousand euros
Prepared by the Ministry of Economy, the bill would establish legal rights for:
- Content creators
- Vloggers
- Influencers or public figures on social media platforms
However, it also imposes regulations designed to protect minors from adult content. Thus, major content creators would have to register their businesses and media profiles with the State Register of Audiovisual Providers.
In addition, you will need to disclose all activities from which you derive income and take editorial responsibility for the content on your channels.
Therefore, there will be fines of 10,000 to 150,000 euros for content creators who do not comply with parental control mechanisms.
Creators will also need to respect Spain’s Royal Advertising Decree, which limits gambling advertising between 1am and 5am and prohibits the marketing of incentives.
Advertising with celebrities is allowed
Last month, the Supreme Court annulled some articles of Royal Decree 958/2020, partially supporting an appeal by the body. Limited hours for television advertising and a ban on sportsbook sponsorship of sports still remain.
But the court annulled article 13, which prohibited advertising targeted at players who had an account for less than 30 days. The court also deleted sections of articles 23, 25 and 26, which prohibited advertising on social media and video-sharing platforms.
Article 15 has also been revoked, so the use of celebrities in advertising is now permitted. The ban on advertising in places selling lottery games was also lifted.
However, Spain’s new minister of social rights and consumer affairs, Pablo Bustinduy, has said he plans to introduce legislation specific to betting. The intention is to respect the original Royal Decree of 2020, but go further.
The minister has also stated that he is in favor of limiting advertising on the internet and social media, as well as the use of images of celebrities and influencers.
