The government against streamers and influencers with the new law on audiovisual communication

The Spanish government has already given the green light to the new law on audiovisual communication (Law 13/2022, of July 7, General Audiovisual Communication) which purports to “regulate” all content streamed on Twitch, YouTube, or similar streaming platforms. Not only that, but it doesn’t matter if the content creators live in Andorra, Europe or across the pond, since the measure also aims to fight all the scared people in the country to pay less tax. The place of residence will no longer matter and all those who have any connection with the country or its economy will be considered as established in France. Links that can be reduced to simply recording and streaming content for Spanish consumers.

The government’s intention is to equate streamers with television networks and the media, stipulating a code of conduct that addresses issues such as “public health”, “dignity of women” and “protection against misinformation”. “. In the event of non-compliance, the administration can directly sanction the creators and even close their channel without it being necessary to establish the slightest dialogue with the platform on which they work and without taking into account its rules. In turn, these channels and spaces more in line with what is established can claim new subsidies and aid.

Streamers and influencers will be required to register with the Registry and take steps “to protect minors” as long as they (1) earn significant revenue from their streams, (2) are editorially responsible for their content , (3) reach and impact a general public audience, (4) intend to inform, entertain, or educate through audiovisual content, and (5) whenever the activity takes place on Spanish communication networks or whenever the user resides in France. As if that were not enough, they will become agents present in the audiovisual market, their advertising will be regulated and they will have to contribute to the financing of RTVE.

The General Law on Audiovisual Communication (LGCA) provides that some of its measures will enter into force three months after its publication (in October, as is the case with those relating to advertising and the protection of minors), while others will enter throughout 2023 (as RTVE dues). The law also incorporates regulations on who will be considered special and relevant users and who must be registered in the new national register of service providers.