The consumption of content has changed a lot in the last ten years, to the point where streamers, content creators, such as ElRubius, TheGrefg, Auronplay or Ibai Llanos add up to such a high audience in their live shows that it exceeds that of many tv channels. What until now differentiated streamers from television and also from platforms such as Netflix, HBO, Disney, AppleTV or Prime Video, among others, was the General Law of Audiovisual Communication; a rule that presents changes.
And it is that until now these content creators with large communities of followers were not under the umbrella of this rule that sets limits as far as content is concerned. Now the National Commission for Markets and Competition (CNMC) has published a report on the State Registry of Audiovisual Communication Service Providers. In it, it adds streamers with special relevance within its regulatory framework.
The report states that the content creator is that “person who has effective control over the selection of content.” The document develops a classification to differentiate streamers according to the medium in which they broadcast their content (radio, satellite , IPTV), and if its content is open or paid, in addition to also differentiating between the national or local scope.
Thus, the CNMC has created a new category for streamers and, therefore, they will have to register as service providers so that the authorities are aware of their activity. Taking into account that there are some content creators that are only known at the regional level, the CNMC has already asked for clarification if there will be an intention to differentiate streamers by region.
The goal is for content creators to be better defined and have more control over their business activities. In this sense, the fact that their advertising campaigns, as is the case of TheGrefg with Red Bull, for example, will have to be duly informed stands out. Likewise, it is also intended to differentiate between content for adults and for minors, in addition to ensuring that they do not incite hatred. In other words, the same requirements apply to streamers as in television programs.
As for podcasters, no regulatory framework has yet been defined. It is true that in 2010 the Audiovisual Law already contemplated them, but they are in full swing and it is important and necessary to better develop their role. Despite the fact that the CNMC has requested it, it is unknown how it will evolve within the Law.
