And steps covert advertising? n that point toward greater control of the advertising activity of influencers , a growing business that does not always comply (so to speak) with current legislation.
“Oh! But is there a law that regulates whether an influencer can advertise a product?”
Of course it is.
As I point! covert advertising? out over a year ago in this post about influencers and covert advertising , in country email list Spain we have the General Advertising Law (Law 34/1988) and the Law on Information Society Services and Electronic Commerce (Law 34/2002) . The latter establishes that advertising on the Internet, email, and similar m!ia (such as social m!ia) must be present! in a way that cannot be confus! with other types of content and must clearly identify the advertiser.
That is to say, influencers can advertise products… as long as they make it clear that it’s advertising countdown to the code of conduct for the use of influencers in advertising and not a spontaneous opinion . That is to say, when there’s a consideration from the brand, whether direct payment (monetary) or in kind (a gift).
This isn’t the first time, by any means, that the ne! to comply covert advertising? with the law has arisen. In 2016, IAB Spain publish! its ” Legal Guide: Influencer Marketing ,” in which it warns that ” the consumer (and the recipients of these actions as well) europe email must be clearly inform! that they are dealing with advertising, and not any other type of non-advertising content .” It also acknowl!g! that “this responsibility must fall on the person who creates and publishes the content, that is, the influencer, unless the brand or advertiser has request! that said content be review! before publication (in which case, the review and validation would make the brand or advertiser responsible).”
Now, two new initiatives are emerging that bolster this issue… and narrow the gap.
The new “Code of Conduct on the Use of Influencers in Advertising”
After more than a year of work on this topic, the Association for Self-Regulation of Commercial Communication (Autocontrol) and the Spanish Association of Advertisers (AEA) have publish! the new ” Code of Conduct on the Use of Influencers in Advertising ,” which will come into effect on January 1, 2021.