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They give way to the regulation of content in digital transmissions.
They propose to regulate creators under similar criteria of television.
They open public debate about the influencers who should adhere to the new law.
Content creators have managed to monetize and professionalize their activity on the web thanks to the impact that platforms like YouTube, TikTok or Twitch have worldwide; however, the advertising and indiscriminate freedoms they offer within their broadcasts have not been legally defined in many countries.
It is the social networks themselves that set the standard, for now, of what they consider permissible to publish in terms of organic and advertising content, in accordance with the terms of use and social values of the brand, as well as the amount they are paid for. certain number of views on each video.
However, the discussion is already on the table and Proposals have been made in various parts of the world to regularize the legal responsibilities of creators in audiovisual channels.
In Mexico, for example, after various scandals concealed in influencer marketing, such as the promotion of the Green Ecologist Party of Mexico (PVEM) in the last election on June 6, 2021, civil organizations petitioned to modify the Federal Law of Consumer Protection and create specific regulations on advertising on social networks, specifically, that marked with the image of some public figure in trend.
However, although the so-called “Influencer Law” seeks to prevent content creators from spreading misleading advertising, it is still stopped in the Mexican Congress and without a discussion date.
Other nations are also beginning to put the magnifying glass on the problem and generate new regulatory initiatives, which, if successful, could mark the path of emulation for countries like Mexico.
New initiative: let the audience decide
In Spain, an initiative has just been announced that could change the course of global influencer marketing due to the way it operates so far on digital platforms.
The National Commission of Markets and Competition (CNMC) has opened a public consultation to collect opinions directly in the audiovisual sector that help define the criteria with which the so-called youtubers, tiktokers or streamers should be considered, either as content creators or audiovisual service providers.
And it is that, if his thesis is corroborated, these influencers should be regulated and subject to the same Law with which traditional television is measuredin terms of the content and advertising that is transmitted.
“These new audiovisual agents or vloggers are professionalized, and their content (short, long, live or recorded videos) they enjoy a remarkable presence in the audiovisual market, from the point of view of consumption and advertising investment”, stipulates the CNMC in the consultation, which is open, online, and will last throughout the month of February.
However, the Spanish organization clarifies that this initiative will also help study the digital phenomenon throughout the world and that it is not an action against creators, since both they and their audience can reach a point of insecurity and mistrust of the veracity of what they transmit, either due to ignorance of the Law or lack of criteria that allows them to create covert campaigns –commercial or political– without any type of consequence.
Considering that these characters are no longer amateurs on the platform, the CNMC proposes a series of criteria to identify the type of transparency that the digital audiovisual sector needs before it expands with new innovations such as the metaverse.
Content creators or audiovisual service providers?
Since the query is made to all those involved via the internet, the CNMC proposes to consider all those influencers who maintain a recurring economic activity as providers of audiovisual services; bear responsibility for their contents; are addressed to a general public; offer informative, entertaining or educational topics; and are provided through electronic communications networks.
The most ambiguous and controversial criterion is the economic one, since many creators earn money sporadically, depending on the views of their broadcasts or subscribers, so living exclusively from creating videos for the different online audiovisual platforms is not within everyone’s reach.
It is because of that establish audiovisual service providersaccording to the CNMC, can be complex and must be based objectively on the compliance of the platforms on which the monetized videos are hosted, when they carry out commercial communications of any kind, obtain money from user subscriptions and, above all, when your income is constant for one year.
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