The National Commission for Markets and Competition (CNMC) has sanctioned content creators, or influencers, Ibai Llanos, Jordi Wild and Nachter with joint fines of more than 4,000 euros. The resolution responds to the breach of the General Audiovisual Communication Law regarding advertising identification, protection of minors and promotion of medicines on social networks.
Ibai Llanos received a sanction of 710 euros (reduced to 568 euros for early payment). Jordi Wild’s fine amounted to 1,543.44 euros (reduced to 1,241.95 euros). For his part, Nachter was sanctioned with 1,779.94 euros (reduced to 1,067.96 euros after acknowledging responsibility and early payment). The three resolutions, approved in the Regulatory Supervision Chamber with the particular vote of a counselor, declare serious infringements of article 158.31 of the aforementioned law, applicable to the so-called users of special relevance (UER), to be proven.
In the case of Ibai Llanos, the file determines that several videos published on the social network X incorporated brands marketed within the framework of the presentation of the La Velada event. The CNMC concluded that the commercial communication lacked the precise signaling to differentiate it from editorial content.
The file related to Jordi Wild focused on content broadcast on YouTube through the channels @ElRinconDeGiorgio and @dwt_fighting, linked to the Dogfight Wild Tournament event. The regulator found that the extreme contact combat videos lacked the required age rating, content warnings, and activation of filters to restrict access to minors.
Regarding Nachter, the body accredited the dissemination of advertising non-compliant with medicine regulations on his Instagram and Facebook profiles. The publications promoted anti-flu products without complying with health warnings or the explicit identification required by sectoral legislation.
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Social media inspection
The CNMC recalled that legal obligations weigh directly on creators who operate professionally, regardless of the tools implemented by the platforms where they host their activity.
These sanctions come just days after the CNMC formalized the award of three technical assistance contracts to the Portuguese firm Primetag for a total amount of 32,800 euros. The data analytics company will provide tools for the automatic monitoring of videos broadcast by influencers in search of undeclared commercial placements.
The regulatory framework requires that advertising mentions must appear directly and visibly within the audiovisual piece itself, considering that part of the public does not read text descriptions. The regulator has ruled that the use of ambiguous terms such as “collab” or “brand ambassador” does not satisfy transparency requirements. The obligation applies even when there is no direct economic remuneration from the advertising brand.
Prior to this sanctioning procedure, the CNMC issued rectification requirements to creators Lola Lolita, Peldanyos, Sofía Suescun, Tamara Gorro and Samantha Vallejo-Nágera after complaints from the Association of Communication Users (AUC). In those files, originated by the unidentified promotion of financial services, catering, food and fashion, the authority avoided the sanctioning route because the conduct occurred before the establishment of its interpretive criterion.
