Spain regulates the activities of influencers: it is necessary to invoice 300 thousand euros per year | Social media

To be officially influencer in Spain you will need to have a million followers and earn 300 thousand euros in annual profit. The new regulations have just been defined by the Ministry of Digital Transformation, which determines the values ​​from which influencers they now comply with some rules, especially regarding covert advertising and the protection of minors.

The new decree, approved by the Council of Ministers this Tuesday, is part of the Audiovisual Law, which also regulates the activity of influencers, the minister responsible for the portfolio, José Luis Escrivá, informed the Spanish press. “Creators of audiovisual content on social networks are increasingly important and, therefore, in some aspects, it is necessary to standardize them with other actors in this audiovisual domain”, he declared.

The person responsible clarified that, in order to be considered “a user of special relevance”, as users are now legally called influencerssome requirements must be met, particularly regarding the number of followers — at least one million on a single social network or two million on different platforms.

The new law comes into force within two months, the same time as the influencers Spaniards have to register on the Register of Audiovisual Suppliers, supervised by the National Market and Competition Commission. It is this institution that is responsible for enforcing the new rules for controlling advertising in video applications, similar to those already applied to television stations.

All advertising content must be properly identified and these professionals are prohibited from promoting elements such as alcohol, medicines or tobacco. To protect minors, content for young people must be labeled according to the age for which it is intended.

Control over influencers comes following the appeal of several consumer associations that asked for the regulation starting at 100 thousand euros in turnover. Initially, the Government had determined that it would be 500 thousand euros, but reduced the amount after meeting several experts on the subject.

In Spain, among the main influencersGeorgina Rodriguez (58.9 million followers), Maria Pombo (3.2 million), Alexandra Pereira (2.3 million), Aida Domenech (3.4 million) or Marta Diaz (3.3 million) stand out. .

Last year, France had tightened its grip on content published by influencers, prohibiting them from promoting financial products, plastic surgery, gambling and gambling or tobacco consumption. Furthermore, if filters were added to publications, warnings would appear, such as when the content promotes unhealthy eating.

If they do not respect the law, influencers French people have to pay 300 thousand euros or, in the worst case, they are subject to a prison sentence of up to two years.

And in Portugal?

Promotion of products on social media carried out by influencers, in Portugal, is subject to the same rules as the Advertising Code. In other words, “regardless of the medium”, all advertising must be clearly identifiable and truthful.

However, for now, there is no specific legislation for influencers, nor prohibited topics. The Consumer Directorate-General published a manual with “good practices in commercial communication in the digital environment”, determining that content is commercial whenever it involves the payment of a monetary value to the user who shares a post; the publication includes the offer of products or services by a brand; or the content contains discount codes.

What is certain is that, if a law similar to the Spanish one were applied, an adjustment would be necessary. In Portugal, the market is smaller and, according to the magazine Forbesthe most influential personalities on Instagram don’t just work as influencerssuch as Sara Sampaio (8.5 million followers), Margarida Corceiro (1.8 million), Cristina Ferreira (1.6 million), Rita Pereira (1.5 million) or Dolores Aveiro (Cristiano Ronaldo’s mother has 4 .2 million followers).