by Google
The online world has become an important space for marketing, advertising and business. Today, online content plays a key role in the promotion of products and services, but until recently this activity was only minimally regulated. However, that is changing. Slovakia introduced a new law on media services in 2023 and similar rules entered into force in the Czech Republic in November 2024. These laws set clear boundaries, obligations and rules that influencers must follow.
Just as advertisements on television or radio are strictly controlled and regulated, advertisements and content on the Internet should also be regulated. Why? Because the viewership of social networks and various other platforms has grown rapidly in recent years. We mainly watch ads from our favorite influencers, and what's even more important, children also watch content on the Internet.
This article will give you 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 concern?
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 harmonize the rules across EU member states.
This law applies to anyone who publishes videos on platforms in order to generate profit, for example through advertisements, sponsorship or cooperation. It further applies to anyone who provides audiovisual media services on demand or operates video sharing platforms that are primarily of an economic nature and aim to entertain, educate or inform the public.
Who does it NOT concern? Users who share videos for non-commercial purposes (e.g. for family or friends) and those whose content does not lead to direct or indirect profit.
Terms you need to know
Terms you need to know
Terms you need to know
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Terms you need to know
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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 aims 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 (that is, generate profit).
Important!
This law applies to you if you create your videos across social networks with the purpose of generating profit, i.e. you sell a product/service, monetize your content, or have regular collaborations and earn from this activity. It does not apply to sharing videos for your friends, family, entertainment and hobby.
These laws establish rules for platforms such as YouTube, TikTok, Facebook Watch, Instagram and the like, as long as the service provided by them meets the definitional criteria of an on-demand audiovisual media service, but also for the creators. Their main goals are:
Protection of consumers and children - The content must not contain elements that could endanger the physical, psychological or moral development of children.
Ad transparency - Every advertisement, paid cooperation, barter exchange or other form of commercial content must be clearly marked. Viewers must know that this is a paid promotion, for example by using labels such as "Advertising", "Sponsored Content" or "Paid Collaboration".
Why is this regulation important?
Imagine a situation where you follow an influencer who recommends a product, but does not indicate that it is a paid collaboration. It may happen that you buy a product because you believe his review, only to find out later that he was 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. In particular, the directive 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 Broadcasting Council.
You can read the entire press release of the Council HERE.
The aim is to ensure that consumers can distinguish advertisement from personal recommendation so that it is clear who is behind the content and what are his intentions 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 in 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 registration in 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 you are subject to this obligation, RRTV has invited creators to they did not hesitate to contact her and ask for a consultation.
In Slovakia, influencers and content creators must register their activity with the Council for Media Services, which controls compliance with the rules.
1. Natural persons who only use video sharing platforms (YouTube, TikTok, etc.) - just report the activity for free.
2. Natural persons who have their own website or application - this authorization is subject to a fee of €260 when applying in person or by post, or €190 if you apply electronically through the portal Slovensko.sk.
3. Legal entities – 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 follow. If you are promoting a product or service for financial or other consideration, it is your responsibility to clearly indicate this so that viewers know that this is commercial content.
Furthermore, it is necessary to provide data for identification if your activity generates profit. This means that you must state your name or company name so that your activity is traceable and responsible.
Finally, it is important to follow the rules of transparency. You must not hide advertising content or mislead consumers. Your audience has a right to know when it's a promotion, and these rules help create a fairer and more trustworthy online environment.