Do vloggers and influencers have to follow certain rules?

On December 14, 2021, the Flemish Media Regulator (VRM) published a so-called Content Creator Protocol. This protocol results from the implementation of the European Audiovisual Services Directive into Belgian law. For Flanders, this implementation is done in the Flemish Media Decree which VRM oversees.

From now on, bloggers, vloggers, influencers and other "content creators" in Flanders must take this Content Creator Protocol into account. For Brussels and Wallonia, we are waiting for a publication of the Conseil Supérieur de l'Audiovisuel (CSA)..

Commercial communication on social media

The protocol focuses primarily on identifying sponsors. VRM wants everyone to immediately recognize commercial communications.

As soon as a vlogger receives a benefit from a company (think money, gift certificates, products, free admission tickets, travel, etc.) and he mentions this company (or its products/services) in his video then he must

• include the term "advertisement," "advertising" or "publicity" at the beginning of the video (if the video is primarily aimed at an English audience, then the terms "advertising" or "publicity" may be used, but not "ad," "pub" or "spon");
• tag this company as @partner; and
• use the "toggle" app and indicate within the platform system that the video contains commercial communications, unless this is technically impossible

The protocol also provides some practical examples of how this identification can be done transparently.

The protocol, on the other hand, states that certain videos do not constitute commercial communications, such as:

• when the vlogger himself purchased the product or service at a conforming market price and without discount
• when the vlogger advertises his own products or services (note : if the vlogger e.g. releases a clothing line together with another company/brand then this does not fall under the exception)

The VRM protocol clearly goes beyond the existing Advertising Council recommendations on influencers.

Commercial communications and content aimed at minors

The VRM reiterates the relevant provisions of the Flemish Media Decree regarding the following obligations:

• A commercial communication aimed at minors must be clearly identifiable to them
• Product placement (product placement) in videos aimed at minors under the age of 12 is prohibited, including mention of sponsors and logos

The protocol also states that a content description of potentially unsuitable elements for minors must be provided with the videos, and that videos containing pornographic images or images of gratuitous violence must be offered in encrypted form (the Flemish Media Decree provides for parental control as an alternative to this).

Ban on hate speech and violence  

• A commercial communication aimed at minors must not incite hatred or violence on the grounds of gender, race, color, ethical or social origin, genetic characteristics, language, religion or belief, political or other opinion, belonging to a national minority, ability, birth, disability, age or sexual orientation;
• Publicly inciting to commit a terrorism crime is prohibited

How can we assist you as a lawyer?

We, as lawyers, advise Flemish bloggers, vloggers and influences in complying with the rules of the Flemish Media Decree and the new guidelines of the Content Creator Protocol of the Flemish Media Regulator.