The Dutch Media Authority (Commissariaat van de Media, DMA) has imposed a fine (in Dutch) of over €6,000 on a vlogger. Vlogger Rhodé Kok did not make it clear in several of her TikTok videos that they contained advertising, in violation of the Media Act.

This is the first fine by the DMA to a vlogger since vloggers with 500,000 or more followers will also be under the active supervision of the DMA from 1 July 2022. These vloggers must comply with the rules of the Media Act. For instance, they must visibly or audibly state if their videos contain advertising.

And that is where it went wrong for Kok’s videos. In four TikTok videos, she advertised the Dyson Airwrap, among others, without making it (sufficiently) clear that the videos contained advertising. The inclusion of 'ad' in the description, which is not visible in the standard view, is considered insufficient by the DMA. The DMA had first spoken to her and issued a warning, but Kok had not changed the videos. She said she had forgotten to label the videos with 'paid partnership'. 

Although the fine is the first of its kind, it is still fairly modest, since the DMA can impose fines of up to €225,000. Kok only has a one-man business and not a huge turnover, and did achieve the 'Influencer Certificate'. Therefore, the fine is not that high. The DMA says (in Dutch) it will continue to enforce the rules in informal ways, such as through calls and warnings, and only issue fines in case of persistent violations.

By the way, all influencers must mention that videos contain advertising. This follows from the Advertising Code for Social Media & Influencer Marketing. In case of violation, the Advertising Code Committee (ACC) can 'only' make a recommendation and not impose a fine. However, the advertiser who does not actively monitor his influencers can then also be called addressed by the ACC. The website https://influencerregels.com/ (in Dutch) contains a clear explanation of all influencer rules. 

Lisa Peek