Spain’s New Legislation for Content Creators

Spain's New Legislation for Content Creators: What You Need to Know

In an effort to regulate the content produced by social media ‘influencers’, the Spanish government is contemplating new legislation. This move aims to align online creators with regulations similar to those governing traditional broadcasters and media outlets.

Dubbed as the ‘influencer law’, Spain is on track to introduce regulations that will hold content creators accountable and establish a legal framework for their activities.

Expected to be finalized by summer, this draft legislation builds upon Spain’s Audiovisual Communication Law of 2022. Its objective is to harmonize regulations for online content creators with those applicable to more conventional media platforms like television.

The proposed regulations include restrictions on the timing of certain content broadcasts and mandates for influencers to disclose sponsored content.

This initiative is part of the Spanish government’s broader efforts to regulate online content, including ‘streamers’, ‘YouTubers’, ‘TikTokers’, and other content creators. Earlier in 2023, Spain announced plans for a ‘streamers register’, with potential implications for other audiovisual platforms.

According to sources from the Ministry cited by Spanish news outlet 20 Minutos, “The most significant aspect is that, for the first time, they will be subject to the same framework, rules, and constraints as television channels.”

Globally, governments are striving to catch up with the rapid evolution of social media and technology, often outpacing regulatory frameworks. If enacted, Spain’s Influencer Law would make it the second EU member state, after France, to regulate influencer activity and content.

Defining the scope of ‘influencer’ under the law poses a significant challenge. To address this, Spain’s Ministry for Digital Transformation has initiated a public consultation process to refine the criteria for identifying “users of special relevance”, as outlined in the 2022 Audiovisual Communication Law.

According to the preliminary draft, content creators must meet specific requirements to be considered influencers:

Engage in an economic activity generating significant income through video exchange services on platforms.
Assume editorial responsibility for the audiovisual content provided to the public.
Aim to reach a broad audience with content that informs, entertains, or educates.
Distribute audiovisual content primarily through internet and social media networks.

The draft legislation also proposes bans on covert advertising, promotion of tobacco or alcohol, and certain health-related products. Content related to betting or gambling would be restricted to specific hours.

Penalties for violations range from fines of €10,000 to €50,000 for minor infractions and €30,000 to €600,000 for more severe offenses.

However, the legislation is not expected to cover all influencers. The draft bill sets audience and income thresholds—currently at 2 million followers and €500,000 in revenue per year—beyond which the regulations would apply. Nevertheless, the Ministry remains open to adjusting these thresholds.

“We have submitted it to the Council of State, and depending on their feedback, we may reconsider the thresholds. We are willing to revise them downwards,” Ministry sources stated.

The Royal Decree could potentially receive approval from the Council of Ministers before summer.