29.9.2023
3.4.
EN
Official Journal of the European Union
C 349/99
The EESC urges both platform and social network administrators and content creators/influencers to ensure:
— the technical possibility of preventing underage users of the platform and/or social network from viewing sensitive content (alcohol and energy drinks, gambling and betting activities, pornography, tobacco and tobacco products, including e-cigarettes, aesthetic surgery, etc.), which in any case must be marked ‘prohibited for children under 18’, require age verification and allow the use of parental control; — the inclusion of the words ‘advertising’, ‘commercial communication’ or ‘sponsored by’ in such messages; — for retouched or modified images, the words ‘retouched image’; — ‘virtual image’ for output created using artificial intelligence, as well as the identification of the use of virtual influencers. 3.5.
Special attention should also be paid to the use of dark patterns, the improper or disparaging use of trade marks, the promotion of unauthorised financial products, and identity theft or fake influencers using the images of well-known people without their knowledge, which are increasingly common, particularly in relation to financial investments and cryptocurrencies.
This unlawful conduct is becoming increasingly sophisticated and widespread with the use of AI and must be tackled effectively. 3.6.
The regulatory harmonisation proposed by the EESC can be complemented by co-regulatory frameworks involving influencers, their agents and their representative associations; the industry and advertisers; advertising self-regulatory associations; consumer and user associations; the social partners and other civil society organisations; and regulatory authorities. 3.7.
For the EESC, a number of questions remain relating to the activity of content creators/influencers, such as their place in labour law, matters concerning income tax and VAT, and the specific activity carried out by influencers who are children, which we believe should be carefully analysed at EU level.
Brussels, 13 July 2023.
The President of the European Economic and Social Committee Oliver RÖPKE