- Book Chapter
4
- 10.4337/9781788978286.00011
Life after the European Audiovisual Media Services Directive: social media influencers through the looking-glass
- May 14, 2020
- Madeleine De Cock Buning
This chapter takes a regulatory perspective on transparency in commercial communication by social media influencers with a focus on the new European Audiovisual Media Services Directive 2018 (AVMS Directive 2018) in the context of existing rather successful (self-) regulatory models in the Netherlands. In the AVMS Directive 2018 influencers’ video channels are explicitly made subject to top-down regulation. Influencers can be held accountable by law in the same way as Video On Demand (VOD) services such as Netflix. Furthermore, Video Sharing Platforms (VSPs) such as YouTube will have to uphold a system of new standards of transparency towards its users and can be held accountable by the regulatory authority under whose jurisdiction it falls, should its system prove to be ineffective. The deadline for implementation of the AVMS Directive 2018 in Member States’ national law is September 2020. This contribution carefully examines the different but soon to be co-existing regimes for influencers aiming at the improvement of transparency regarding commercial interests in videos, a form of strict self-regulation, public law top-down regulation by regulators, and the private (co-regulatory) regime aimed at video sharing platforms. After a diligent evaluation of these regimes we shall conclude by looking ahead at the necessity of firm self-regulatory approaches to guarantee transparency in the best interests of consumers, whilst duly taking note of the influencers’ fundamental rights.
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