Influencers Barred From Promoting Betting And Narcotics Under New Spanish Law

By Lucía Tedesco via El Planteo, adapted for Benzinga.

The digital landscape is being transformed in Spain with the approval of the new "Influencer Law," which regulates the activity of these "users of special relevance."

Such figures will have to assume legal responsibilities, especially regarding the advertising of betting and gambling houses, as established by the Ministry for Digital Transformation and Public Function, in charge of José Luis Escrivá.

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"It is fundamental to establish clear criteria for influencers," Escrivá said at a press conference, according to Focus. The minister emphasized the growing importance for content creators on social networks to conduct their activities with existing regulations in the audiovisual field.

Influencers Under The Eye Of The Law

From now on, influencers will be classified according to three specific criteria: income, network activity and number of followers. This definition has direct implications for the obligations that fall on them, especially with regard to the protection of minors.

This Royal Decree covers individuals who generate an annual income of more than EUR 300,000 ($323,358) from their audiovisual activity and have one million or more followers on video-sharing platforms.

This Royal Decree covers individuals who generate an annual income of more than EUR 300,000 from their audiovisual activity and have one million or more followers on video-sharing platforms.

They must also adopt digital age identification tools to prevent minors from accessing inappropriate content. Influencers are expected to label their content according to the age of their audience and establish codes of conduct in collaboration with the National Markets and Competition Commission (CNMC) and the ministry.

Restrictions On Advertising

The new measure will require them to explicitly label advertising content and to refrain from promoting products such as tobacco, alcohol or medicines, as well as from making advertisements that may cause psychological or physical harm to minors.

The advertising of betting and gambling houses is forbidden for minors.

From the proclamation of the decree, there will be a period of two months to register in the State Registry of Audiovisual Providers and thus be able to formalize their work as content creators.

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This article is from an external unpaid contributor. It does not represent Benzinga's reporting and has not been edited for content or accuracy.

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