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After the “Code of conduct on using influencers in advertising” came into effect on January 1, 2021, we have seen an undeniable increase in the number of resolutions (including opinions) from the Autocontrol Advertising Jury questioning advertising posts by different influencers, some of which we have already discussed in this Blog.

It is in that context that, on March 17, Congress approved a Non-Legislative Motion under which the socialist group urged the Government to oversee compliance with that Code. It will now be debated by the Children and Adolescents’ Rights Commission.

Specifically, the Motion seeks not only to fill the current void in the matter—at least in relation to advertising—but also to safeguard the mental health of consumers and, in particular, minors and those most vulnerable, which has been adversely affected by the coronavirus pandemic and the consequent greater exposure to social media and screens.

The Non-Legislative Motion states that the Code seeks to make mentions for advertising purposes easily identifiable as such by including explicit information for that purpose. It attempts to eradicate surreptitious advertising on social media, stressing the need to raise awareness and protect minors from this type of content, as they can be unaware that content can sometimes be influenced by an individual’s commercial interests.

To achieve this, the Motion includes measures such as the implementation of awareness and education campaigns promoting critical thinking on digital content.

Nonetheless, it will be necessary to watch closely not only for the outcome of this Non-Legislative Motion but also for Autocontrol’s upcoming resolutions and all the developments that will help promote a firm and stable regulatory framework in the fight against surreptitious advertising.

Authors: Ana Sánchez and Jorge Monclús

This post is also available in: Español



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