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The Media Act has been expanded due to stricter European rules. This affects not only the television sector but also collaborations with influencers. Paid collaborations remain possible, but transparency is becoming more important: advertising must be recognizable as such.
What has changed?
The Media Act has been expanded as a result of tightened European regulations regarding audiovisual media services. In addition to broadcasters, certain online video creators and platforms also fall under (parts of) the supervision, subject to certain conditions. For brands and influencers, this primarily means stricter requirements regarding transparency.
Influencer marketing remains permitted
Contrary to what some reports suggested, paid collaborations with influencers are still permitted. What is changing is that it is becoming more important to make it clear that it is advertising. Covert advertising — stealth advertising — is not allowed.
Transparency is the core
An influencer must clearly disclose a paid collaboration or sponsored post, for example by clearly stating that it is an advertisement or collaboration. In addition to the Media Act, advertising regulations and the agreements set out in the Advertising Code also apply. Unclear or concealed advertising leads to complaints and enforcement.
What does this mean for brands and makers?
If you work with influencers, stipulate in your partnership agreement that the collaboration is communicated transparently and that applicable advertising regulations are adhered to. This protects your brand against reputational damage and enforcement.
Frequently Asked Questions
Am I still allowed to collaborate with influencers?
Yes, paid collaborations remain permitted. However, it must be clear that it concerns advertising.
How should a sponsored post be marked?
With a clear indication that it is an advertisement or a paid collaboration. Hidden advertising is not permitted.
Which rules apply in addition to the Media Act?
Including the advertising rules and the agreements from the Advertising Code regarding the recognizability of advertising.
Want to manage your influencer collaborations properly?
Our legal experts draft a watertight cooperation agreement and advise on advertising regulations. View our marketing and advertising law– or IP law –team, or schedule a free consultation.
