Overview of influencer legislation in Argentina
By Mariano Peruzzotti and Josefina Piñeiro.
Introduction
On 30 June 2020, a bill was introduced in the Argentine Congress with the aim of regulating the activity of influencers who provide digital advertising services through their social networks. The bill was not discussed in Congress within the term of two years, so it lost parliamentary status.
Notwithstanding the lack of a specific law, several regulations apply to the activities of influencers. In that sense, the Civil and Commercial Code, the Consumer Protection Law and the Fair-Trade Law provide for rules on advertising that influencers must take into account, together with the provisions on intellectual property rights and the personal data protection law. When organising a contest or sweepstakes, the specific conditions and obligations must be properly addressed. In addition, certain statutes regulate the advertising of specific kinds of products – for instance, Law 24,788 on the sale of alcoholic beverages. To be compliant with the legal requirements, influencers should consider all these regulations when advertising their services.
CONARP recommendations
The Advertising Self-Regulation Council (CONARP) has implemented the Code of Ethics and Advertising Self-Regulation, which set forth the rules and principles concerning digital advertising.
Moreover, the CONARP has been working on different guidelines addressing the activities of influencers. In June 2020, the CONARP released the document Influencers: A Guide to Communication for Commercial Purposes, which lists certain obligations and recommendations addressed to influencers and companies that hire the services of influencers for advertising activities. Along those lines, the guide Communication for Commercial Purposes: Recommendations for Influencers, which was prepared by the CONARP in August 2022, provides a set of recommendations for influencers, such as the following:
- Influencers should obtain previous advice from the brand owner about the category of product or service, the relevant legal framework and best practices.
- Influencers should act with transparency and honesty.
- Influencers should disclose any payment or compensation received in exchange for promoting a product or service, as well as any conflicts of interest.
- Influencers should include the hashtag “sponsored content” or similar where applicable.
- Influencers must meet the rules on fair trade and be aware of the provisions on comparison advertising.
In January 2022, the CONARP stated in the publication Digital Finance – Commercial Communication and Influencers that the relevant company should train non-expert influencers to communicate transparently. The content that influencers publish should always inform users in a clear and easily perceptible way about the possible risks of investment, even recommending the advice of specialized professionals before moving forward with advertising the service or product.
Comment
The legal regime on influencers in Argentina is still developing. In the meantime, influencers must comply with the existing legal framework and act with honesty and transparency, and avoid publishing false or misleading information or using deceptive or misleading practices. They should also respect and take into account consumer rights, intellectual property and other rights and interests of third parties.
For further information please contact: mperuzzotti@ojambf.com and/or jpineiro@ojambf.com.
