Complying with Flemish Media Law: Obligations for Content Creators, Influencers, and Vloggers
31 January 2024
Flemish content creators, influencers, and vloggers are required to adhere to the provisions outlined in the Flemish Media Decree. This decree, an implementation of the European Audiovisual Media Services Directive, mandates compliance by television broadcasting organizations under the jurisdiction of the Flemish Community.
Supervised by the Flemish Regulator for the Media (VRM), responsible for overseeing Flemish audiovisual media, enforcement and sanctioning of breaches fall under its purview. The 2021 revision of the European Audiovisual Media Services Directive was incorporated into the Flemish Media Decree, extending its applicability to online video platform services.
The decree defines parameters under which individuals or entities fall within the category of "broadcasting organization" or "non-linear television service." A natural person falls under the Flemish Media Decree if they are based in the Dutch-speaking region or the bilingual Brussels-Capital area and their activities primarily relate to the Flemish Community.
The VRM, in determining whether a person qualifies as a broadcasting organization and their social media profiles or channels constitute a broadcasting service, examines several criteria, including economic nature, editorial responsibility, and the primary goal of disseminating videos to the general public.
Moreover, content creators, influencers, and vloggers are obliged to distinctly label commercial communications on their social media platforms. The definition of "commercial communication" encompasses visual or auditory content promoting goods, services, or the image of an economic entity.
The VRM has established a three-step test to ascertain the clear recognition of commercial communications in videos. This test includes specific requirements at the beginning of video descriptions, tagging of brands or products, and the activation of the 'disclosure feature' provided by platform services.
It is essential to note that non-compliance with these regulations doesn't automatically result in a violation of the Flemish Media Decree. However, the VRM systematically assesses whether all three elements are present while examining videos on social media channels.
Sanctions by the VRM, if enforced, take into account the novelty of regulations for content creators and whether the breach constitutes a first offense, often resulting in a warning.
The Content Creator Protocol (CCP) serves as a guide, outlining how the VRM interprets the obligations set forth in Article 53 of the Flemish Media Decree. While not legally binding, the CCP offers crucial insights for complying with regulatory obligations.
In conclusion, while Flemish media laws impose stringent compliance measures on content creators, influencers, and vloggers, the VRM emphasizes education alongside enforcement. The evolving landscape of social media content demands continued vigilance to ensure adherence to these regulations.
