New ‘Influencer Law’ Bans Spanish Content Creators From Promoting Betting And Narcotics

Posted: May 12, 2024

Spain has introduced a new legislative framework targeting the promotional activities of influencers, specifically barring them from advertising betting, gambling, and narcotics. The regulation, known as Spain’s “Influencer Law,” was announced by José Luis Escrivá, the Minister for Digital Transformation and Public Function.

Under this law, Spain influencers who earn over EUR 300,000 annually from their digital activities and boast a following of more than one million on social media platforms are now subject to stringent controls. These measures are designed to tighten the oversight of digital content, particularly to safeguard minors from exposure to harmful material.

This social media influencer law mandates that these high-earning influencers implement digital age verification tools to prevent underage users from accessing inappropriate content. Additionally, they must clearly label their posts according to the viewer’s age and cooperate with the National Markets and Competition Commission (CNMC) to adhere to ethical standards in digital broadcasting.

A significant aspect of the new regulation is the strict prohibition against promoting products such as tobacco, alcohol, and certain medications that are deemed harmful. Furthermore, influencers are banned from advertising betting and gambling services, a move aimed at curbing the influence of potentially addictive activities on minors.

Influencers must now explicitly declare any advertising content and are expected to avoid promotions that could cause psychological or physical harm to younger audiences. This measure underscores the growing concern over the impact of influencer marketing on vulnerable groups.

The “Influencer Law” also stipulates a two-month window for influencers to register with the State Registry of Audiovisual Providers, formalizing their status as content creators under the new legal framework.

This development follows a global trend of increasing regulation on digital content, reflecting heightened governmental scrutiny over the influence of social media on public health and safety. Spain’s proactive approach highlights its commitment to protecting consumers and setting a standard for responsible digital advertising.