by Google
The online world has become an important space for marketing, advertising and business. Online content today plays a key role in promoting products and services, but until recently this activity was only minimally regulated. However, this is changing. Slovakia introduced a new Media Services Act in 2023, and similar rules came into force in the Czech Republic in November 2024. These laws set clear boundaries, obligations and rules that influencers must follow.
Just as advertising on television or radio is strictly controlled and regulated, advertising and content should also be regulated on the internet. Why? Because the viewership of social networks and various other platforms has grown rapidly in recent years. We watch ads mainly from our favorite influencers and, more importantly, children watch content on the Internet.
This article will provide you with detailed information about who the law applies to, what your obligations are, how to register and what happens if you break the rules.
What is the new law for influencers and who does it apply to?
The Act on Video Sharing Platform Services in the Czech Republic, as well as the Act on Media Services in Slovakia, introduces obligations for influencers and content creators. Both are based on the 2018 European Directive on on-demand audiovisual media services, which aims to harmonise rules across EU member states. This law applies to anyone who publishes videos on platforms with the aim of generating profit, for example through advertising, sponsorship or collaboration. It also applies to anyone who provides on-demand audiovisual media services or operates video-sharing platforms that are primarily economic in nature and whose purpose is to entertain, educate or inform the public. Who is not affected? Users who share videos for non-commercial purposes (e.g. for family or friends) and persons whose content does not lead to direct or indirect profit.
Terms you need to know
Audiovisual media service on demand - content that viewers can watch whenever they want. This service is primarily of an economic nature, is intended for the general public and its purpose is to inform, entertain or educate.
Video-sharing platform - a service that allows users to upload, share and watch content. These include, for example, YouTube, TikTok, Twitch or Facebook Watch. Platforms must have an economic objective (i.e. generate profit).
Important!
This law applies to you if you create your videos across social networks with the aim to generate profit, i.e. you sell a product/service, monetize your content, or have regular collaborations and earn from this activity. This does not apply to sharing videos for your friends, family, entertainment and hobbies.
These laws set rules for platforms such as YouTube, TikTok, Facebook Watch, Instagram and the like, as long as the service they provide meets the definition criteria of an on-demand audiovisual media service, but also for the creators themselves. Their main objectives are:
Protection of consumers and children - Content must not contain elements that could endanger the physical, mental or moral development of children.
Advertising transparency - Any advertising, paid collaboration, barter exchange or other form of commercial content must be clearly marked. Viewers need to know that this is a paid promotion, for example by using labels such as “Advertisement,” “Sponsored Content,” or “Paid Collaboration.”
Why is this regulation important?
Imagine a situation where you follow an influencer who recommends a product but doesn’t mark it as a paid collaboration. You might buy the product because you trust their review, only to find out later that they were paid for this promotion. The law eliminates such situations by forcing creators to mark ads.
"The aim of this legal regulation is to set a minimum regulatory framework for all types of audiovisual media services that compete for an audience from the general public within the European Union. The directive in particular sets standards for the protection of child users from risky content, establishes binding rules for the dissemination of commercial messages in order to protect the rights of consumers, and enshrines obligations aimed at protecting the rights of individuals and groups of persons," stated the Radio and Television Council broadcasting.
You can read the Council's full press release HERE.
The aim is to ensure that consumers can distinguish advertising from personal recommendation, to make it clear who is behind the content and what their intentions are, and to make the online space more trustworthy.
How to register?
In the Czech Republic, creators register with the Radio and Television Broadcasting Council by filling out this registration form. The condition is that the creator operates as a business entity in the Czech Republic. This process is free, and after registration, the creator will receive a certificate of entry in the list of on-demand audiovisual media service providers.
If you are not sure whether the content you create is an audiovisual media service on demand and this obligation applies to you, RRTV has urged creators not to hesitate to contact it and ask for a consultation.
In Slovakia, influencers and content creators must register their activities with the Media Services Council, which monitors compliance with the rules.
1. Natural persons who only use video sharing platforms (YouTube, TikTok, etc.) - just report the activity free of charge.
2. Natural persons who have their own website or application - this authorization is subject to a fee of €260 when submitting the application in person or by mail, or €190 if you submit the application electronically via the Slovensko.sk portal.
3.Legal persons - the fees are the same as for natural persons with their own website or application.
What do you have to fulfill as an influencer?
As an influencer, you have several important obligations that you must comply with. If you are promoting a product or service for financial or other compensation, it is your responsibility to clearly identify it so that viewers know that it is commercial content.
Furthermore, you must provide identification information if your activity generates profit. This means that you must include your name or business name so that your activity is traceable and accountable.
Finally, it is important to follow the rules of transparency. You must not hide or mislead consumers about promotional content. Your audience has the right to know when it is a promotion, and these rules help create a fairer and more trustworthy online environment.
What can't you promote?
First of all, as we have already mentioned, hidden advertising is prohibited, where it is not clear that it is advertising. Furthermore, subliminal advertising, which affects viewers subconsciously, without their knowledge, is prohibited.
The law also prohibits content that supports discrimination, encourages actions that harm and endanger health and the environment. Also prohibited is the promotion of cigarettes, tobacco products, e-cigarettes, etc., weapons and prescription drugs. The promotion of alcohol is not prohibited, but it must not be aimed at children and must not encourage regular use.
What are the sanctions for violating the rules?
Violating the rules can have consequences, namely fines, which in Slovakia can range from several hundred to thousands of euros. In the Czech Republic, RRTV can impose a fine of up to one million Czech crowns. Another type of sanction can be restriction or ban activity by the authorities. The last and so-called "moral sanction" is damage to reputation and loss of audience trust, which can also affect your business.
What do we think about it?
We fully accept and support the effort to regulate, especially in areas such as fighting disinformation and clear advertising labeling. However, the current form of the law should be elaborated in more detail, and it should take into account the specificities of different types of content creators. The same rules should not apply to large media houses or platforms and to smaller content creators. The scope of the law, which includes anyone who "informs, educates or entertains," is, in our view, too broad and may lead to ambiguities, such as the question of whether even a simple recommendation entails a registration obligation.
At the same time, we draw attention to the practical problems with the application of such legislation. Given the current number of influencers and YouTubers, we consider it questionable how compliance with the rules will actually be monitored. The current version of the law appears to be a copied version of Slovak legislation, which also contains several ambiguities and is not clearly specified.
We tried to verify the information provided in this article directly with RRTV. However, in order to maintain impartiality and not interfere with the content, RRTV could not provide a comment.
