In recent days, the topic of registering influencers and youtubers has been resonating through the Czech media scene and social networks , as discussed in the RRTV press release. The announcement by the Radio and Television Broadcasting Council (RRTV) on the mandatory registration of internet creators has caused panic among influencers and many questions about what this change means for the future of influencer marketing.
What is behind the mandatory registration of influencers with the RRTV?
The basis for this obligation is a European directive aimed at better protecting consumers and children from inappropriate content on the internet. In the Czech Republic, this directive is based on the 2010 Audiovisual Media Services on Demand Act. The RRTV now claims that some influencers and YouTubers fall under the definition of on-demand audiovisual service providers and must register.
However, according to the lawyers, this only applies to those creators who:
- creates content mainly for profit,
- their videos competitively rival television broadcasts,
- their content is accessible to a wide audience and meets the criteria for cataloguing.
Why has this decision caused controversy?
According to experts, the interpretation of the rules is unclear and the RRTV move is perceived by many as hasty. For example, attorney Petra Dolejšová points out that the rules of regulation should be better formulated and targeted only at creators who actually meet the definition of an on-demand audiovisual service. In practice, it may happen that even small influencers who create videos for pleasure rather than profit will be subject to the obligation.
Michal Rejmon from Influencom said in an interview that the new obligation to register may increase the administrative burden on influencers. “I see the new obligation as an unconceptual step that introduces a series of unclear obligations without a clear strategy for their application and enforcement.”
In his view, regulation should be better targeted and distinguish between large creators, such as YouTubers with professional production, and smaller influencers who focus on areas such as gastronomy or lifestyle.
“It is essential to define exactly who the rules apply to. Not every influencer creates content that should be regulated in the same way as media platforms like Netflix or HBO.”
Michal also points out the impact of this change on influencers and their revenue. “The main problem I see is the administrative burden, which can discourage smaller creators. They often do not have the capacity or motivation to register. In addition, there is the threat of financial penalties for non-compliance, which increases uncertainty throughout the community.”
From the reactions of the influencers the agency works with, it is clear that the new responsibilities are causing concern and uncertainty. “Creators feel limited in their flexibility and creativity. They often don’t know if and when to register, or exactly how the rules will affect them. It is essential that the RRTV provides clear information and introduces consultation with experts on this issue,” adds Michal.
What is the response of the Ministry of Culture?
Culture Minister Martin Baxa described the RRTV procedure as unfortunate and confusing. According to him, the law does not impose a blanket obligation to register all influencers. The ministry is now preparing an amendment to the law, which should abolish the mandatory registration and clarify the criteria for audiovisual service providers.
“Only those who create professional content similar to television broadcasting should remain on the list. Other creators, for example on Instagram or TikTok, should not be included in the registration,” Baxa added.
Impact on influencer marketing and creators
Mandatory registration of influencers has several potential impacts:
- Administrative burden
Registration requires you to meet a number of obligations, such as archiving videos or disclosing contact details.
- One of the biggest problems associated with the mandatory registration of influencers is the increase in administrative burden. Creators will have to comply with a number of obligations, including archiving all video content, adapting videos for people with visual or hearing impairments, and disclosing contact details.
- These requirements can be completely demotivating for many smaller influencers who create content in their spare time or as a sideline. For example, many of them do not wish to disclose personal information such as address or phone number, but these are required in some cases. Similar demands are common among large media companies, but applying them to individual creators on Instagram, TikTok or YouTube seems inadequate.
- The administrative complexity could lead to an exodus of creative creators from the market or a reduction in their activity, which would have a negative impact on the diversity of content and the opportunities for brands to collaborate with authentic influencers.
- Financial risk
Failure to comply with the rules may lead to sanctions, which could affect the revenues of smaller creators.
- Another major concern is the financial risk associated with non-compliance. The new rules are not yet clearly defined, increasing uncertainty amongst developers. If influencers are not properly informed of their obligations, they may inadvertently break the law, and this could lead to fines and other penalties.
- For smaller creators who don’t earn a lot of revenue from influencer marketing, even a relatively small fine could be a big financial burden. In addition, the costs associated with registration, legal advice or technical adjustments to content (e.g. adding subtitles or archiving) may be a hurdle these creators will not want to overcome.
- The result could be a reduction in the number of creators and a reduction in their revenue, which would also have a negative impact on brands that rely on working with influencers as part of their marketing strategies.
- Creative constraints
Unclear rules can discourage creators from creating. It would negatively affect the development of Czech influencer marketing.
- The ambiguity of the rules and the fear of enforcement can affect the creativity of the creators themselves. Influencers are valued for their originality and ability to create content that is authentic and personal. However, if the rules are too strict, they may feel limited in their expression.
- Obligations such as tailoring content for certain groups or archiving videos can discourage creators from experimenting and trying new formats. Pressure to comply with rules can lead to a reduction in flexibility, which is one of the main factors that makes influencer marketing so successful. Less willingness to create or adapt to demanding rules could also affect the development of the entire Czech influencer marketing ecosystem, which has become one of the main tools of digital advertising in recent years. This development could negatively affect both influencers and brands that build their campaigns on their authenticity.
What’s next?
The situation surrounding the mandatory registration of influencers announced by the RRTV remains unclear. The Ministry of Culture in press release of 27. announced that it is preparing an amendment to the law that would abolish this obligation or at least clarify its application. Minister Martin Baxa proposes that registration should remain only for big players that are truly competitive with traditional broadcasters.
RRTV has also promised to refine its rules and plans to issue specific guidelines to clarify to whom the obligation applies. At the same time, it is clear that the current confusion is hindering the further development of influencer marketing and raising concerns among creators and their partners.
It is therefore important that there is prompt and clear communication from regulators. It is essential for influencers and the brands that work with them to be able to rely on a stable and clear environment in which they can create and do business freely.
We recommend the creators to follow further developments or consult experts. The Influencom team will help influencers navigate the new responsibilities and administrative steps.
Do you have any questions? Contact us, we will be happy to advise you!
