Netherlands Media Authority Fines a Social Media Influencer for the First Time

On 18 June 2024, the Dutch Media Authority imposed its first fine on an influencer/video uploader for breaches of the Dutch Media Act's advertising rules. 

Rules for influencers

Since 1 July 2022, certain video uploaders must register with the Dutch Media Authority and comply with the rules in the Media Act. Dutch influencers with more than 500,000 followers who upload videos on major video platforms must register online with the Authority and abide by the Media Act’s rules, which were created to provide more clarity to viewers regarding uploaded videos and to protect viewers from harmful content in the videos. For instance, video uploaders must be clear about commercial messages. 

Investigation by the Authority

In 2023, the Authority investigated whether registered video uploaders were complying with the Media Act. In a random sample, the regulator found four videos on a video platform in which the influencer in question had advertised. The influencer uploaded the videos onto the video platform where she had 1.1 million followers, a company and management. Videos concerning a face cream and an online shop did not make it clear that they were advertisements. The videos contained descriptions such as "Now 50% off at...", "If I'm going to skip less than last year, it's thanks to...", and "Love love love love it...".  Viewers did not realise the creator was advertising, according to the Authority. 

Under one video, the following appeared #theorieExamen #CBR # Driving Licence ^ad'. According to the Authority, this is insufficient to indicate advertising. The Authority states that if a video contains advertising, it must be mentioned in a way that is clearly visible or audible in the standard display of a video. Including "^ad’” in the description, when this inclusion only becomes visible if "more” is clicked, does not, according to the Authority, result in advertisements being recognizable as such. After all, every viewer is unlikely to read the entire description under a video.

Warning

Following the investigation, the Authority provided the influencer with information on the rules to be applied, issued a warning, and instructed her to modify the videos. The Authority said it would monitor the concerned videos. The influencer did not modify or remove the videos. In an email to the Authority, she indicated that it was not technically possible to modify the videos after they were posted on the video platform. Even after the Authority responded by explaining how to retrospectively add a label "paid partnership” to posted videos, the influencer did not edit or delete the videos. With the influencer still unresponsive, the Authority decided to impose a fine on the influencer.

Fine

Under the Media Act, the Authority can impose an administrative fine of up to EUR 225,000 per offense. 

Although the Authority considers the infringements to be serious, the size and turnover of the influencer's company were considered when determining the fine. As a penalty-reducing circumstance, the Authority also recognized that the influencer adopted measures to prevent a repetition of the breach after the Authority notified the influencer of its intention to impose a fine. Following this, the influencer obtained the influencer certificate and adapted the videos. Currently, she is complying with the rules. 

Based on the above circumstances, the Authority fined the influencer EUR 6,075.

Conclusion

The imposed fine illustrates that large video uploaders/influencers must also comply with the rules in the Media Act. Influencers must now understand that they can be monitored by the Authority and fined when they do not comply with the rules.

For more information on this ruling and on the Dutch Media Act, contact your CMS client partner or these CMS experts.