Last May 18 of this year, Representative María del Rosario Merlín García presented an initiative so that image creators “inﬂuencers” who have a professional activity are declared “audiovisual communication service providers” and are registered with the Ministry of Finance and Public Credit as “Professional Service Workers”, in order to pay taxes if they are paid for the content they disseminate on social networks; this through the addition of Article 32 Bis to the Federal Consumer Protection Law.
This initiative highlights that the videos that individuals upload to social networks every day to highlight some chapter of their daily life or empathize with friends will be exempt from this regulation; likewise, it establishes that for a digital image creator to be considered an audiovisual communication service, it must meet certain requirements such as: it must be an economic service, be a service aimed at the general public, and the function of the content must be mainly to inform, educate or entertain, among others.
The purpose of this initiative is to regulate misleading advertising, which, according to the initiative, has had public repercussions with notorious cases of promotion of anorexia, compulsive gambling or even drug addiction; as well as to regulate the payments received by inﬂuencers through different platforms, registering with the Ministry of Finance and Public Credit as “Professional Services Workers”.
Among the obligations of creators in the field of digital advertising that are intended to be added in Article 32 Bis of the Federal Consumer Protection Law are: To have the means of proof that accredit the veracity of the objective aﬁrmations regarding their product or service, prior to its dissemination; To have the authorizations or licenses for the use of distinctive signs or works protected by copyright in advertising; Register with the Ministry of Finance and Public Credit whenever they are remunerated by charging an amount of money and adding the legend #PublicacionPaga in their social networks; among others.
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Source: Gaceta del Senado de la República. Retrieved September 07,2022 from: https://www.senado.gob.mx/64/gaceta_del_senado/documento/126048
Mariana Z. Crespo Alcalá.
Gloria Ponce de León & Hernández.