2023/0755/ES
EC/EFTA
ES Spanien
  • SERV60 - Dienstleistungen im Zusammenhang mit dem Internet
2024-03-26
2024-01-04

Users such as 'influencers' or 'vloggers' who use video sharing services through a platform, as well asmedia services or social networks assimilated to these, to upload their audiovisual content.

Draft Royal Decree regulating the requirements in order to be considered a user of special significance forthe purposes of the provisions of Law 13/2022 of 7 July 2022, General Audiovisual Communication.

The draft Royal Decree implements Article 94 of Law 13/2022, of 7 July 2022, General AudiovisualCommunication, a standard which in turn transposes into Spanish law Directive (EU) 2018/1808 of theEuropean Parliament and of the Council of 14 November, amending Directive 2010/13/EU on the coordinationof certain provisions laid down by law, regulation or administrative action in Member States concerning theprovision of audiovisual media services.

This article regulates, among other aspects, the requirements to be considered 'influencers' or 'vloggers', i.e.users of video-sharing services through a platform, capable of mobilising a significant part of the audience,competing with other audiovisual media service providers in the audiovisual advertising market. It is thereforeconsidered appropriate that, when these users meet a series of requirements (audience, revenue, editorialresponsibility for content), they would be subject to a series of obligations aimed at protecting viewers ingeneral, and minors in particular, from harmful or damaging content.
The draft Royal Decree specifies the requirements relating to significant revenues and audience established inletters a) and c) of Article 94.2 of Law 13/2022 of 7 July 2022, in order to consider a user of video-sharingservices through a platform as a 'user of special significance'.
The draft Royal Decree is composed of a preamble, 4 articles organised in two chapters, and three finalprovisions.
The complete draft Royal Decree is notified so that the context of the draft Regulation to be notified can beassessed.