INFLUENCERS: Regulatory Framework.

Context and Definition of the Influencer

The phenomenon of influencers refers to individuals who have gained popularity and credibility within specific industries or niches and who can influence the purchasing decisions of their followers. This may be due to their knowledge, lifestyle, or connection with the audience, making them natural ambassadors for various brands.

Legally, an influencer can be defined as a natural or legal person who, through digital platforms such as Instagram, YouTube, TikTok, Twitter, or Twitch, disseminates personal, promotional, or informative content with the ability to influence the opinions or behaviors of their followers.

Expansion of Influencer Marketing

Influencer marketing has experienced sustained growth in recent years. According to various market studies, global investment in this type of marketing exceeded 16 billion dollars in 2022, and it is expected to continue growing. This boom is due to the fact that influencers allow brands to reach a segmented and highly engaged audience, generating a trust-based relationship that is more effective than traditional advertising.

At the same time, this growth has raised new questions about how to regulate influencer activities to ensure transparency and consumer protection. The perception of influencers as trustworthy and authentic individuals highlights the importance of laws ensuring that their recommendations or advertisements do not mislead consumers.

Influencers can be classified into different categories based on several criteria, such as the size of their audience, the type of content they create, their level of specialization, or the platform they operate on. Below are some of the most common classifications:

1. By Audience Size

- Mega-influencers: Personalities with over 1 million followers, often celebrities, public figures, or famous individuals on platforms like Instagram, YouTube, or TikTok. Typical examples include actors, musicians, or fashion influencers.

- Macro-influencers: Those with between 100,000 and 1 million followers. They may not be traditional celebrities but have built a significant audience on social media through engaging content and specialization.

- Micro-influencers: With between 10,000 and 100,000 followers, they are known for having a more loyal and engaged community. They are often experts in specific niches such as fitness, beauty, or technology.

- Nano-influencers: Those with fewer than 10,000 followers but who have a very high level of interaction with their audience. They are often influential in local or specific communities.

2. By Platform

- Instagram influencers: Users of Instagram who use this platform to share visual content, such as photos and short videos, in areas like fashion, travel, lifestyle, fitness, and more.

- YouTubers: Content creators who upload videos to YouTube, covering topics such as tutorials, vlogs, gaming, technology, etc.

- TikTokers: Influencers on TikTok who create short, dynamic videos, often in formats like dances, comedy, challenges, or entertainment.

- Bloggers: Creators who write on blogs about topics of interest, from fashion to technology or travel, often complementing their content with photos and videos on other social networks.

- Twitch streamers: People who livestream on platforms like Twitch, focusing on gaming, music, or even "Just Chatting," where they discuss any topic with their audience.

3. By Content Type

- Fashion influencers: Specializing in the fashion industry, they share looks, trends, product reviews, collaborations with clothing brands, etc.

- Beauty influencers: Focused on makeup, skincare, and beauty products, they create tutorials, reviews, and offer advice.

- Fitness influencers: Promote healthy lifestyles, workouts, exercise routines, and healthy eating.

- Travel influencers: Focus on destinations, travel experiences, recommendations for places, hotels, and travel tips.

- Food influencers: Publish content about recipes, restaurants, food trends, and lifestyles related to food.

- Tech influencers: Focused on technology, gadgets, video games, and reviews of tech products.

- Entertainment influencers: Typically content creators in areas like comedy, music, cinema, and TV. Some may be video game streamers or comedic content creators on platforms like TikTok.

- Educational influencers: Share content oriented towards learning. They may address topics such as science, history, mathematics, or even teach practical skills like digital marketing or programming.

4. By Level of Specialization

- Generalists: Creators who cover a wide variety of topics and reach a broad audience. Their content is of general interest and may range from fashion to life advice.

- Specialists: Focused on a very specific topic or niche, such as gardening, cryptocurrency investment, or a specific diet like veganism. Their audience is more specific and loyal but smaller.

5. By Commercial Focus

- Brand influencers: Work closely with specific brands and are often directly associated with them. They engage in paid collaborations to promote products or services.

- Independent influencers: Although they may collaborate with brands, their main content is not commercial promotion. They may prioritize original or creative content without too many commercial associations.

6. By Social Theme

- Social impact influencers: Create content related to social causes such as sustainability, human rights, gender equality, or climate activism. They often promote initiatives with a social or charitable focus.

- Political influencers: Create content related to politics, debates, and government issues, often supporting or criticizing public policies or promoting political ideas and movements.

7. By Industry or Sector

- Gaming influencers: Focus on video games, doing live streams, reviews, or guides about games. Platforms like Twitch and YouTube are their main channels. Examples include professional gamers and streamers who create content related to eSports.

- Business and entrepreneurship influencers: Focused on topics such as startups, investments, marketing strategies, and leadership. Their content often attracts entrepreneurs, investors, or professionals seeking business development advice.

- Automotive influencers: Create content about cars, motorcycles, and other vehicles, either from the perspective of car reviews, test drives, or technical analysis. They are very popular on platforms like YouTube and specialized blogs.

- Parenting influencers: Share experiences and advice on parenting, education, family well-being, and baby products. They often collaborate with brands of children's or wellness products.

- Luxury influencers: Specialize in luxury products and services, such as high-end fashion, jewelry, luxury cars, exclusive travel, or high-value real estate. They typically have a highly segmented and selective audience.

- Photography influencers: Create content related to artistic, commercial, fashion, or landscape photography. They use visual platforms like Instagram to share their work and often collaborate with brands of cameras, lenses, and photography equipment.

8. By Creative or Artistic Focus

- Art influencers: Focused on various artistic disciplines such as painting, sculpture, graphic design, illustration, or digital art. They often share their creative processes, finished works, and collaborate with brands related to art and culture.

- Interior design influencers: Share inspiration and tips on decorating and designing interior spaces. They collaborate with brands of furniture, decoration, and home goods.

- Sustainable fashion influencers: These influencers promote ethical, ecological, and sustainable fashion, advocating for responsible consumption and reducing the environmental impact of the fashion industry. They collaborate with brands that share these values.

1. For their focus on health and wellness

• Mental health influencers: Content creators who address topics related to emotional and psychological well-being, sharing tips, experiences, and resources to improve mental health.
• Yoga and mindfulness influencers: Focused on yoga practice, meditation, and spiritual wellness. They share routines, techniques, and lifestyle tips related to overall health.
• Specialized diet influencers: These influencers promote specific eating styles, such as veganism, keto, paleo, or vegetarian diets, and often collaborate with healthy food or supplement brands.

1. For their use of new technologies

• Virtual Reality (VR) and Augmented Reality (AR) influencers: Focused on content utilizing emerging technologies like VR or AR, whether in entertainment, gaming, art, or education.
• Artificial Intelligence (AI) influencers: These creators specialize in explaining, analyzing, or sharing advances in AI, practical applications, startups in the sector, and how technology is transforming various industries.
• Cryptocurrency and blockchain influencers: Focused on promoting and analyzing topics related to cryptocurrencies, blockchain technology, and NFTs (non-fungible tokens). They share investment strategies, technology explanations, and trends in the crypto market.

1. For their educational or informative focus

• Science communicators: Creators who explain complex topics in science, biology, physics, astronomy, chemistry, or other disciplines in an accessible and entertaining way. They often collaborate with educational institutions or scientific publishers.
• History and culture influencers: Specialize in historical, archaeological, or cultural topics, offering analyses, documentaries, or educational stories about past events. They often collaborate with museums, publishers, and TV or documentary programs.
• Personal finance influencers: Focus on financial education, offering advice on saving, investing, financial planning, cryptocurrencies, and money management. They are influential among people looking to improve their financial well-being.

1. For their ethical or social responsibility focus

• Social causes influencers: Those who promote awareness of causes such as fighting racism, gender equality, LGBTQ+ rights, empowering marginalized communities, or helping refugees.
• Environmental influencers: Specialized in environmental protection, climate change, biodiversity conservation, and ecological sustainability. They often collaborate with NGOs and brands with responsible environmental policies.
• Volunteering and humanitarian aid influencers: Create content about volunteering experiences, participating in humanitarian causes, and how people can contribute to social change and help communities in need.

1. For their lifestyle focus

• Minimalism influencers: Focused on a simple lifestyle with fewer material goods, promoting the idea of "less is more." They often collaborate with brands that support conscious and responsible consumption.
• Nomadic lifestyle influencers: Promote a nomadic or "van life" lifestyle, where they work and live while traveling continuously, often documenting their experiences and collaborating with travel, portable technology, or adapted vehicle brands.
• Self-sufficiency influencers: Advocate for a self-sufficient lifestyle, where individuals grow their own food, produce energy, and reduce their dependence on modern society. They share gardening, construction, and sustainable living tips.

1. Other emerging types of influencers

• Pet influencers: Pets themselves, or their owners, become influencers by sharing content focused on the lives of their companion animals. These accounts are popular on Instagram and YouTube, and they often collaborate with pet product brands.
• Virtual influencers: Fictitious or AI-generated characters that act as influencers on social media. An example of this is Lil Miquela, an avatar who has collaboration agreements with fashion and technology brands.

1. For their focus on events and experiences

• Event influencers: These influencers specialize in documenting and sharing experiences from major events such as music festivals, conferences, fashion shows, or movie premieres.
• Wedding photography influencers: Create content centered on weddings, offering inspiration, planning tips, photography, and collaborations with brands related to the wedding sector.
• The Regulation of Influencers in Spain: In-depth Analysis of Royal Decree 444/2024

Introduction Digital marketing has undergone a profound transformation in the last decade. In this context, influencers have emerged as key players in communication strategies, especially on social media platforms such as Instagram, TikTok, and YouTube. These content creators have redefined the relationship between brands and consumers, enabling more direct, authentic, and close communication. However, the economic and social impact of this activity has also created the need for a regulatory framework to ensure transparency and consumer protection, especially for minors.

In April 2024, the Spanish government approved Royal Decree 444/2024, a regulation that expands on Article 94 of Law 13/2022, of July 7, which regulates the audiovisual communication market in Spain. This decree establishes the criteria for certain content creators, commonly known as influencers, to be considered users of special relevance and, therefore, subject to additional obligations. In this article, we will analyze in detail the content of this regulation, its impact on the digital marketing industry, and the specific obligations it imposes on influencers regarding taxation, advertising transparency, and the protection of minors.

Legal Context: The General Audiovisual Communication Law and the European Directive Royal Decree 444/2024 originates from Law 13/2022, of July 7, which adapts the (EU) Directive 2018/1808 into Spanish law. This directive, in response to the rapid development of digital media and the emergence of new figures such as influencers, recognizes the need to update legislation to include these actors, who, although not strictly traditional media, exert significant influence on consumer behavior, particularly among young people.

The Royal Decree seeks to ensure balance in the audiovisual market by imposing certain obligations on influencers, aligning them in many aspects with traditional audiovisual service providers, such as television networks. This approach is based on the notion that influencers, due to their ability to reach large audiences and generate significant income, should be subject to regulations that ensure fair competition and protect consumer rights.

What is a User of Special Relevance?

One of the most important elements of Royal Decree 444/2024 is the definition of what is understood as users of special relevance. This concept refers to those influencers who, due to the size of their audience and the income they generate through video-sharing platforms, have a significant impact on the audiovisual market and are therefore subject to additional obligations.

Requirements to be Considered a User of Special Relevance

The Royal Decree establishes two key criteria to determine if an influencer can be considered a user of special relevance:

1. Significant income: An influencer is considered to have reached the threshold of significant income if they generated 300,000 euros or more in the previous year, exclusively from their activity on video-sharing platforms. This income includes not only direct earnings from content creation (such as those paid by platforms) but also any form of remuneration derived from audiovisual commercial communications, such as sponsored ads and audience payments like subscriptions or memberships.
2. Significant audience: Regarding the audience, the Royal Decree specifies that an influencer will be considered of special relevance if they have at least 1,000,000 followers on one platform or 2,000,000 followers in total across several platforms. Additionally, the influencer must have published at least 24 videos in the previous year, ensuring that their activity on these platforms is sustained and not occasional.

Impact of the Concept of User of Special Relevance

The introduction of this concept into Spanish audiovisual legislation acknowledges the economic and social importance of influencers in the digital ecosystem. This figure aims to equate the most relevant content creators with other actors in the audiovisual market, imposing rules and criteria that ensure their activities align with general principles of audiovisual law, such as advertising transparency and consumer protection.

Obligations Imposed on Influencers

Royal Decree 444/2024 not only defines who is a user of special relevance but also imposes several obligations on influencers who meet the mentioned criteria. These obligations are designed to ensure public protection, especially for minors, and promote transparency in commercial communications.

Advertising Transparency

One of the pillars of the regulation is ensuring that influencers clearly identify when they are advertising or engaging in commercial communications in their content. This measure seeks to protect consumers from hidden advertising, a recurring issue on social networks, where it is often unclear whether the content is organic or sponsored. Influencers are required to:

• Clearly label sponsored content, using terms like #advertisement, #ad, or similar. The regulation aims for users to be aware from the outset that they are viewing paid recommendations.
• Ensure that commercial communications comply with content regulations. For instance, they cannot promote prohibited products or services, such as those promoting unhealthy habits among young people or products with legal restrictions, like alcohol or tobacco. This focus on transparency is key to avoiding misleading consumers, especially minors, who may not be aware that they are being exposed to paid advertising.

Protection of Minors

Another fundamental aspect of the Royal Decree is the protection of minors from content that could negatively impact their development. Influencers who meet the special relevance criteria must implement measures to ensure that their content does not expose minors to information or products that could harm their physical, mental, or moral development. This includes limiting access to certain content or including warnings when content is inappropriate for minors. These types of measures not only aim to protect minors but also ensure that video-sharing platforms maintain a safe environment for all users.

National Register of Users of Special Relevance

One of the most important obligations for influencers who meet the special relevance criteria is their mandatory registration in the National Register of Audiovisual Communication Service Providers, as provided for in Law 13/2022. This register, administered by the National Commission on Markets and Competition (CNMC), allows authorities to more effectively monitor the activity of influencers and ensure they comply with their legal obligations. Once an influencer reaches the income and audience thresholds established by the regulation, they have two months to register. Failure to comply with this obligation can result in administrative sanctions, ranging from fines to a ban on continuing their commercial activity on platforms.

Sanctions

Royal Decree 444/2024 provides for penalties for influencers who do not comply with the imposed obligations, particularly regarding advertising transparency and the protection of minors. Sanctions vary depending on the severity of the violation and may include:

• Financial penalties: In cases of minor infractions, such as failing to correctly label sponsored content, fines proportional to the influencer's income can be imposed.
• Suspension of activity: In severe cases, such as repeated exposure of minors to harmful content or failure to register with the national register, authorities can impose more severe sanctions, including the temporary or permanent suspension of the influencer's activity on video-sharing platforms. These sanctions aim not only to punish non-compliance but also to deter other content creators from acting irresponsibly or misleadingly in their relationship with consumers.