On June 16, 2022, the Ministry of Economy, Development and Tourism issued exempt resolution No. 534 of 2022, which approved the interpretative instruction of SERNAC incorporating the concepts of national advertising and “influencers”, determining their due regulation and applicable principles; and ensuring the implementation and compliance with good practices in these areas.

In the notice, the concept of national advertising was described as an advertising trend that consists of inserting advertising content in a communication media, in a non-invasive way, maintaining the format and editorial style of the media, managing to confuse the editorial content with advertising.

On the other hand, the term “influencers” was described as those advertising subjects that are part of native advertising and that, due to their degree of credibility in social networks and/or virtual platforms, influence their followers to carry out certain acts of consumption, in exchange for any type of benefit or compensation for the advertising carried out.
In addition, the Instruction determines certain parameters that the advertising agent must comply with, exercising its activity with rigorous care, respecting the regulations in force, especially the law on the protection of consumer rights.

Finally, good practices that must be followed are indicated, complying with certain standards such as the clear identification of the advertising content and the advertiser’s link, the clear exposition of the product’s characteristics, the honest and complete opinion about the product or service, the non-promotion of stereotypes, the verification of the veracity of the objective statements and the protection of the advertising content aimed at children and adolescents.

If you require additional information on this matter, please contact Jorge Tisné (jtisne@jdf.cl).