This will be the new regulation that will affect influencers in communication matters (LGCA)

On December 7, 2009, the Ministry of Economic Affairs and Digital Transformation presented the draft Royal Decree establishing the criteria to be recognized as a “user of special relevance”. according to the recent Law 13/2022, of July 7, 2002, General Law on Audiovisual Communication. (hereinafter LGCA), effective as of July 9, 2022, a term that encompasses the influencers that meet certain requirements.

Because influencers compete with other participants in the audiovisual media and advertising market, and share certain characteristics with audiovisual communication service providers, it makes sense to apply to them a set of responsibilities similar to those imposed on the latter. The aim of the equalization between influencers and audiovisual communication service providers is to guarantee the respect of fundamental principles in audiovisual communication and to ensure the protection of the general public, especially minors, from harmful content and advertising.

In this regard, the LGCA, in compliance with the provisions of Directive (EU) 2018/1808, includes in its Article 2.13 and 2.17 a definition of the video exchange service via platform and the video exchange service provider respectively. Likewise, Law 13/2022, of July 7, dedicates its Title V to the regulation of video exchange service providers through a platform by establishing a set of obligations aimed at guaranteeing the protection of its users in general and, in particular, minors, against certain audiovisual content and audiovisual commercial communications.

Requirements to be a “user of special relevance”.

Article 94 LGCA establishes simultaneous conditions to be considered a “user of special relevance”:

Economic Activity: The service must involve an economic activity that generates significant revenue from the activity in video sharing services through the platform.

Editorial responsibility: The user of special relevance must be editorially responsible for the audiovisual content offered to the public in its service.

Impact on the public: The service must be aimed at a significant part of the general public and have a clear impact on them.

Service function: The main function of the service should be to inform, entertain or educate, focusing on the distribution of audiovisual content (main objective of the service).

Establishment in Spain: The service is offered through electronic communications networks and is established in Spain.

Regulatory Development

Some requirements, such as those related to “significant revenues” and the definition of “a significant portion of the general public,” are not fully developed in the LGCA. The seventh additional provision of the law provides that these concepts are to be developed by regulation.

The Government, at the proposal of the Ministry of Economic Affairs and Digital Transformation, has submitted a draft Royal Decree detailing the requirements to be considered a “user of special relevance” under the provisions of Article 94 LGCA.

Significant Revenues and Audience

The project specifies the two main requirements:

Significant Revenues: Significant revenues are considered to be those equal to or greater than 500,000 euros gross, accrued in the previous year, derived from the activity in video exchange services through the platform. Various concepts related to user activity on these platforms are included.

Significant Audience: An average number of followers equal to or greater than 2,000,000 during the previous fiscal year on any video sharing platform on which the user operates is required, and the service must contain at least 24 videos in the same period, regardless of their duration.

Strengthening the protection of minors

In order to increase the protection of minors, the new text of the LGCA contemplates, among others, the following measures:

  • Prohibits the broadcasting of programs or audiovisual content containing scenes of gratuitous violence or pornography.
  • Obliges broadcast programs to have age ratings
  • It contemplates reinforced protection schedules for linear television audiovisual communication services: “Programs whose age rating “Not recommended for children under eighteen years of age” may only be broadcast between 10:00 p.m. and 6:00 a.m.”.

Entry into force

It should be noted that the entry into force of Article 94 LGCA is conditioned to the final approval of the Royal Decree on Users of Special Relevance, as established in the ninth final provision of the LGCA.

This publication does not constitute legal advice.


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