Beatriz Miranda
Updated Saturday, January 27, 2024-02:10
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"A cocktail, two cocktails... And 3 cocktails later, we continue celebrating with @donjuliotequila all night" (sic). What you read is written by Tamara Falcó on her Instagram account, innocent words that are nevertheless They challenge all advertising regulations, starting because it could be considered
covert advertising
and because they do not include the well-known legend of responsible alcohol consumption.
The daughter of Isabel Preysler, by profession the daughter of a
socialite
and/or
influencer
, appears in an interesting report from
the Association of Communication Users (AUC)
presented this Thursday that denounces advertising irregularities on the internet. But she is not the only famous person who appears on their list of those accused of making money from their accounts incorrectly, if not illegally.
Patricia Conde misplaces the word advertising and also prescribes a product that she cannot prescribe in this post.
«#publi If you want to disconnect in bed and sleep with a restful sleep, to wake up the next day fresh as a rose, try DormiNatur», reads the profile of the presenter
Sandra Barneda, who advertises melatonin without hesitation
.
Or: "If you want to know more out of curiosity or whatever, ask me in the comments that I will read to you... In a few days I will return to Tenerife so that @drblasgarcia can remove my splint, I will keep you updated" (sic), he says aa Point-blank to her almost two million followers, the well-known
influencer
Paula Gonu recently underwent rhinoplasty
.
These and a lot of other imprudence are just some of those that are extracted in this study by the AUC, which has analyzed more than 1,400 similar accounts and has found in them more than 80% of allegedly illicit advertising posts.
Sandra Barneda prescribes melatonin in this post.
Álex González, Iker Casillas, Paula Echevarría, Nieves Álvarez, Patricia Conde, Jordi Cruz and Carlota Corredera
are other names associated with said malpractice, deontologically or legally speaking, in their own broadcast channels.
Celebrities
in a situation of "impunity and privilege" compared to other traditional media such as radio and TV, since they would not comply with the advertising law that ensures effective protection of the rights of consumers and users, including minors.
You see everything in the hunger games that the Instagram universe has become and so many famous people compete. From direct recommendations of medications to content aimed at adults, such as sex toys, in the 24/7 open children's hours provided by the networks, impossible to limit and where it is increasingly difficult to exercise parental control. Opaque payments in kind are also popular, which are called invitations to luxury stays in hotels whose sponsorship is omitted, among other types of gifts such as financed baby strollers that are settled with a thank you. Not to mention the exposure of minors without their explicit consent, the promotion of financial products in the absence of fine print, the concealment of the use of filters to present certain products and modify and improve their real appearance, etc....
In reality, the most common sin is poorly placed advertising, since many heal themselves by putting the hashtag #publi or #ad (for advertisement in English) at the end of the text
,
when it should be at the beginning. Sin, like the rest mentioned before, that is surely committed out of pure ignorance. That is why we must remind some that the regulation of influencers has not only reached France or Italy after
the controversial case of Chiara Ferragni
, prosecuted for fraud through a charity campaign for which she received a fine of more than one million euros.
Iker Casillas does covert advertising in this post.
In Spain, the time is getting closer to putting a stop to certain Instagram accounts (bank accounts are a matter for the Treasury), modus vivendi for some, bonuses for others. The General Law of Audiovisual Communication (LGCA), approved in July 2022, contemplates the regulation of what it calls
"users of special relevance"
, who are characterized by "obtaining significant income derived from the dissemination of their content on social networks." for the purpose of informing, entertaining or educating".
When the Royal Decree is approved (there is currently a draft with multiple allegations) that will regulate this figure, these users will be obliged, among other things, to rate their content, warning if it is for adults. They will also have to identify the advertising nature of the messages they disseminate with
commercial intentions
. Of course, they will not be able to spread content that incites hatred, violence or discrimination.
Sanctions
The key, says the AUC, is determining which
influencers
will be considered particularly relevant users. The Government's proposal is for those people who have an
income of at least 300,000 euros per year
and an audience of one million followers on a platform or network, or two million as a whole. A really small group.
The AUC and other companies in the advertising sector want, therefore, to reduce the cut in the number of followers of content generators, since there are many celebrities and
influencers
with great social impact with many fewer followers and
there is a danger to divert advertising investment
.
María Castro prescribes medications in this post.
Alejandro Perales, president of the AUC, in conversation with LOC, remembers that there is already a code of ethics applied to
influencers
promoted by
Autocontrol (Association for the Self-regulation of Commercial Communication)
. "As for illicit advertising, it goes against the General Law of Advertising, the Law on Unfair Competition and the General Law for the Defense of Consumers and Users, compliance with which must be ensured by the Ministry of Consumer Affairs or the agency of the corresponding autonomous community transferred.
Perales confirms that the association he presides intends with this study to draw attention to incorrect advertising and that the AUC plans to present administrative complaints and deontological claims to some of the protagonists of this study, who could face sanctions ranging from
10,000 euros to million and a half
depending on its advertising billing in accordance with the General Law of Audiovisual Communication.
Tamara Falcó encourages non-responsible consumption of alcohol and does covert advertising in this post.
«What worries us is how many content generators (
influencers
and celebrities) who fail to comply with advertising regulations are going to be included in the Royal Decree that will be approved by the Council of Ministers at any time. There are many profiles with many fewer
followers
that commit the same irregularities. The idea is to achieve
a comprehensive law like that of France
that regulates these prescribers. In conclusion, these
influencers
are required, like the rest of the media, to comply with the advertising regulations of each country.
Now we just have to wait and see what
the Ministry of Consumer Affairs
does . The AUC has made screenshots of these irregularities in anticipation that celebrities and
influencers
will delete their most committed posts once they read the study that accuses them of being advertising criminals. Many people ran out of bargains.