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The Superintendency of Industry and Commerce (SIC) got tired of receiving complaints and reports from consumers about the conduct of some influencers.
For this reason, it has just issued a guide that seeks to guide them and invite them to act responsibly, under penalty of the sanctions established by law.
Superintendent Andrés Barreto released the guide that begins by warning that, in accordance with international standards, They should start by stating, prominently and prominently, whether the content has been paid for.
And Barreto explained to EL TIEMPO that the SIC contemplates fines of up to 2000 minimum wages for those who do not comply. And, in case of finding behaviors that touch the criminal issue, they are sent to the Prosecutor’s Office
“Today, influencers have a great force in the commercial environment of businesses, their weight being evident on the purchase processes and in the decision-making of their followers,” warned the SIC.
And Barreto explained to EL TIEMPO that the SIC contemplates fines of up to 2,000 minimum wages for those who violate these norms. And, in case of finding behaviors that touch the criminal issue, they will be sent to the Prosecutor’s Office.
For this reason, they warn them that they should also be clear if, in case it is not money, they received some type of consideration or incentive to display a good or service.
“The payment is not limited to financial means, it also applies to free products, invitations, or in general any incentive that leads the influencer to publish”says the guide.
And he adds, without giving details, that they should give a genuine vision of the markets, businesses, goods and services.
Medicines and energy drinks
In the case of medicines, for example, the SIC guide advises that in order for an advertising piece to be issued, prior authorization from the National Institute for Food and Drug Surveillance, INVIMA, is required.
And if they are energy drinks, through Resolution 4150 of 2009, the Ministry of
Health and Social Protection, the technical regulation was established on the requirements that energy drinks for human consumption must meet, which,
in relation to advertising establishes that it will require prior authorization
issued by the National Institute for Food and Drug Surveillance, Invima.
In addition, its restrictions and caffeine content (as appropriate) should be noted.
The children
Furthermore, the hguía reminds them that the Consumer Statute, not only enshrined special protection for children and adolescents in their capacity as consumers as one of the general principles of the law, but also their
Sometimes there is extensive legislation on the guidelines that govern this area.
For the SIC, in force in Colombia, it is already broad and comprehensive enough to guarantee the protection of consumers in the digital environment, especially in relation to their right to information and protection against misleading advertising in the messages that are issued in this type media, in particular in the
advertising that is done through influencers.
Therefore, it qualifies and unnecessary to issue additional regulations to discipline the way how advertising should be done through influencers.
And it warns that the GUIDE OF GOOD PRACTICES IN ADVERTISING THROUGH INFLUENCERS, “is a flexible law tool that seeks, through preventive surveillance strategies, to achieve that the advertising activity of the
influencers in the digital world do not mislead, deceive or confuse consumers and thus guarantee the safeguarding of their rights “.
INVESTIGATIVE UNIT
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@UinvestigativaET
