The Government regulates the employment and exploitation of minor influencers

A legal reform in the cultural sector will regulate, for the first time and by royal decree, the work of minors on social media . Self-employment of children through a family member will be prohibited. There must always be a third-party company responsible for this.

"The use of minors as if they were adult workers is over," said Labor Minister Yolanda Díaz on Monday at an event to present this regulation: " We see children working from their bedrooms, and they do so on Instagram and in advertising , recording videos and doing live broadcasts. These are minors participating in the cultural industry without having the rights that other workers have."

Furthermore, the regulation of child labor in the cultural sphere will ensure that they can only work limited hours and during periods of school inactivity , holidays, and weekends.

Díaz explained that the proposal regulating the employment relationship of artists, technicians, and assistants in the performing, audiovisual, and musical arts will now go to public consultation , following six months of work with the cultural sector, and will have the status of a royal decree, so it will not go through the Congress of Deputies.

The Minister of Culture, Ernest Urtasun, also present at the event, emphasized that the advances included in the new law are integrated into the Artist's Statute and update the 1985 Royal Decree, which had not been amended in 40 years. Urtasun made it clear that the Ministry's goal is to ensure that "culture is no longer associated with job insecurity."

Regarding the fact that this is the first time in 40 years that the standard has been updated, Díaz noted that in 1985, "there were no social networks, no AI, or anything like what we have today, so this step is key to improving working conditions in the cultural world."

"And that old Spain , which welcomed the world of culture in 1985, is turning the page," he said.

AI as a "bird of prey" is ending

Another aspect of this regulation highlighted by the Minister of Labor refers to the regulation of artificial intelligence (AI): " Culture will not be allowed to be reduced to algorithms ; behind every image, every phrase, and every note, there is a person, who has rights."

"Until now, AI has been a kind of bird of prey , a law of the jungle in a world without rules. Many have taken advantage of AI to make money. Talent has become a file, a piece of data, something that could be cut and pasted, all without authorization. And this is going to end," Díaz said.

"From now on, the creator's voice, image, music, or performance cannot be used without the creator's consent , and if it is used, [the creator] will have to be financially compensated." Díaz insisted that there will be limits and guarantees: "We protect rights, but we allow technological development to continue advancing."

"Culture is much more than artificial intelligence. Of course, we want digitalization, but AI cannot replace people ," he reiterated.

An "intimacy" coordinator for consent

Another new aspect is the incorporation of the concept of "intimacy coordination." For many years, Díaz explained, many actresses have had to film sex scenes without anyone guaranteeing their consent, and sometimes under very difficult conditions, "on shoots with pressure, nudity, and physical contact."

Therefore, the royal decree incorporates the role of intimacy coordinator, a person who will be present during the preparation and filming of any intimate scene and who will protect consent. Díaz emphasized that this role will be mandatory by law.