The legal regulation of influencers in Spain

scattered and insufficient regulation

Abstract

The boom achieved by User-Generated Content (UGC) disseminating personally information, opinions, and entertainment through the internet has significantly transformed the audiovisual landscape in recent years. This media phenomenon, propitiated by the interactivity and technological convergence of electronic communications, has given rise to a broad public debate around the social influence exerted by these content generators (hence their name of influencers) and the regulation of their activity. This article, through the content analysis of the Spanish legal texts, concludes that the current regulations alow a climate of "laxity" and "impunity" in the face of the dissemination of inappropriate content at a time in which social concern due to the influence of UGC, especially among minors, adolescents and young people, have been steadily mounting. As a consequence of the result of this exegesis, the need for a general legal framework that recognizes the responsibility of UGC and establishes mechanisms to combat the dissemination of illicit or harmful content is proposed, seeking a balance between freedom of expression and the protection of the public.