There is now self-regulation within the industry. Influencers can obtain a certificate from the Dutch Advertising Code Foundation and the DDMA, demonstrating that they are familiar with the advertising regulations and agree to follow them.
The Dutch Media Authority has issued its first fine to an influencer with over one million followers on TikTok, who was promoting products such as a skincare cream. Several of the videos failed to mention that they were advertisements. Although the description at the end of the video contained “#ad,” this was not visible on mobile devices.
Even after a warning, the videos were not amended. As a result, a fine of over €6,000 was imposed. However, the fine was reduced, as the influencer has since shown remorse. The videos were updated, and the influencer obtained her certification, demonstrating that she has taken measures to prevent this from happening again.
Companies often state that the influencer does have to comply with the rules of the Media Act. Large companies like Coca-Cola and Heineken now work exclusively with influencers who have this certification. Let’s hope this will be massively emulated by all companies that use influencers to promote their products.
