Council strengthens call to make influencers accountable for their actions

The Belgian Presidency of the Council of the EU is taking a stronger position on the accountability of influencers for content shared online, according to a draft document dated 13 March and seen by Euractiv.

The Council has been preparing an official document outlining its position on whether and how to regulate influencers and online content creators, a matter of ongoing debate in Spain, Italy, and at the EU level.

The draft seen by Euractiv indicates that the Council will take a stronger stance on influencers’ responsibilities than previously thought.

“[Influencers] should have a sense of responsibility towards their audience and understand the potential impact that commercial practices, sharing mis- and disinformation, online hate speech, cyberbullying and other harmful content may have on their audience and its well-being,” the draft says.

In a previous iteration of the document, revealed by Euractiv, the approach to influencers was less demanding when it comes to the dissemination of harmful content.

The draft document has been on the agenda of three meetings of the Council’s audiovisual and media working party since January and will be debated again on 19 March.

The latest draft calls on the Commission to reflect on an approach to influencers on “all relevant policy areas, with a focus on their responsible behaviour.”

It also suggests that the Commission and member states should develop a coordinated policy approach to “foster responsible behaviour of influencers towards their audience”.

Belgian presidency reinforces call to regulate influencers at EU level

In an internal document obtained by Euractiv, the Belgian presidency shared preliminary thoughts on supporting and regulating online influence, tapping into an open discussion at the EU and national level.

Scope

The document’s definition of influencers is centred on their impact on society, from which stems their responsibility towards their audience.

Influencers are defined as “online content creators who post content on social media or video sharing platforms through which they impact society, public opinion or personal views of their audience, often showcased through their authenticity-based relationship with their audience,” the draft says.

This definition stands out from the one set out in France’s influencer law — the first of its kind globally. French lawmakers defined influencers as people “who, in exchange for a fee, use their reputation to communicate with their [online] audience.”

The updated Council document also places the responsibility for the behaviour of so-called kidfluencers, influencers under 18 years of age, on their parents or caregivers, who “bear a responsibility for [the kidfluencers’] online conduct and well-being.”

In the latest draft, the Council has also expanded its references to EU laws that already impact influencers.

The previous iteration quoted the Audiovisual Media Service Directive, which imposes requirements of transparency and fairness in audiovisual commercial communications; the Digital Services Act, which sets online content moderation rules; and an EU competition law, the Unfair Commercial Practices Directive.

The current draft details the obligations and adds the Artificial Intelligence Act, which regulates use cases of the technology based on the expected risk;  a second competition law, the Consumer Rights Directive; and details provisions of the European Media Freedom Act on safeguarding independent and pluralistic media environment.

The draft clarifies that “off-line activities are not within the scope of these Council conclusions”.

[Edited by Eliza Gkritsi/Zoran Radosavljevic]

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