Digital influencers came to Congress: a bill seeks to regulate their activity

In Córdoba and the world, influencers or people who have a large number of followers on social networks gain prominence and volume as advertising channels.

And in parallel, the initiatives of official organizations are advancing to give a regulatory framework to this activity that, like many leveraged in technology, “exploded” before it exists.

Such discussions are open in Germany and the United States, to cite examples. And now in Argentina: National Senator Cristina del Carmen López Valverde, from the Frente de Todos, presented this week a bill that creates a “legal regime for influencers”.

The initiative was accompanied by four other senators from the same space, who hope to add more accessions in the coming days. It will surely involve debate.

The project proposes to legislate regarding the figure of “influencers” and their role as commercial advertising agents in the field of digital advertising, which emerged in the context of communication on networks.

One of its axes points out that whenever an influencer disseminates products or information within the framework of advertising agreements with brands, this is clearly expressed to the audience; and not overlapped in some cases as it happens today.

“If you get any financial return for that publication, (the influencer) Must communicate clearly and visibly that it is digital advertising and must include a label that specifies that situation with the following caption: #PublicacionPaga ”, establishes article seven of the project.

And he adds that he must also “clearly mention the natural or legal person who is the advertiser or beneficiary of digital advertising” and “clearly identify all digital advertising communications for products that are inconvenient for children and adolescents.”

Trademark obligations

In addition to obligations for influencersThe project establishes the responsibilities of the advertisers towards them and the publicity they seek to spread.

For example, it forces them to clearly specify in contracts the advertising nature of the content they publish; have the means of proof that prove the veracity of the objective statements regarding your product or service, prior to their dissemination; and respect the dissemination rules that regulate, condition or prohibit the communication of certain content or the advertising of certain products.

Regarding influencers, it is clear that as long as they charge for posts, they must be registered in Afip as monotributistas.

Strong fines

The project creates sanctions of four types for influencers who do not meet the requirements it creates for their activity:

a) Warning

b) Withdrawal of the announcement from the social network or any other digital medium in question, the application authority may require it judicially

c) Rectification of misleading, incorrect or false information

d) Fines with a value equivalent to between 10 and 1,000 vital and mobile minimum wages (note: today at $ 16,875).

The proceeds from fines will be used to implement self-medication prevention campaigns.

Here you can see the full original text of the project presented.

Types of influencers

According to data from the Argentine Chamber of Advertisers (CAA) cited in the López Valverde project, there is a classification of influencers made by that entity based on the number of followers they accumulate on social networks (Instagram, Twitter, YouTube, Tick Tock now ).

  • Nano Influencer: between 3286 and 8611 followers
  • Micro Influencer: between 8,611 and 96,111
  • Influencer: between 96,111 and 575,000
  • Celebrities: for which it is necessary to have more than 575,000 followers on social networks

In many cases, influencers use their arrival to the public to promote products or services, work that becomes a central or important source of their income.

Brands use the channel in a general way, which has been evolving in recent years in the country: from making posts in exchange for “gifts”, influencers began to have fee-based services and even the representation of specialized agencies, such as Bi Media or Be Influencers, both based in Capital Federal.

For their part, scale brands create increasingly sophisticated campaigns involving these figures. The Renner clothing chain, for example, works in Brazil and also in Argentina with a network of almost 200 influencers classified in clusters.