The initiative seeks to establish obligations for online content creators and influencers. It proposes the creation of a registry, tax payments, transparency in advertised content, and sanctions for misleading advertising or advertising that affects minors.
A bill was introduced in the Colombian Senate seeking to regulate the activities of influencers and other digital content creators. The initiative, presented by senators from various parties, proposes recognizing this work as a professional activity, with obligations regarding transparency, publicity, and tax contributions.
The text proposes that these actors must contribute to a National Solidarity Protection Fund, which would finance educational campaigns, cyberbullying prevention, and the promotion of cultural content.
The proposal also establishes that sponsored content must be clearly and visibly identified, especially when it involves products related to health or cosmetics. Furthermore, it provides for financial penalties for misleading advertising, the promotion of products not regulated by health regulations, or content that harms children and adolescents.
The bill promotes self-regulation of the sector through associations and proposes the creation of a National Registry of Content Creators, administered by the Ministry of the Interior. Although its mandatory nature is not specified, this registration is proposed as a tool to target public investments and facilitate access to training programs and employment benefits.
The aforementioned National Solidarity Protection Fund would also be established with a 2% tax on gross income generated by digital content platforms operating in the country, such as YouTube or TikTok.
Precedents
Colombia is not the first country to suggest this type of regulation. France passed a law in 2023 requiring influencers to identify advertising, prohibiting the promotion of cosmetic surgery, and limiting content aimed at minors, with fines of up to €300,000 and prison sentences.
In Spain, the government is working on a decree requiring mandatory registration, limits on advertising, and time slots for advertising bets, applicable to influencers with more than 2 million followers and €500,000 in annual income.