Introduction to Media Influence and the Rise of Influencers
Since the expansion of broadcasting services in Mexico during the first half of the 20th century, media outlets have become one of the most influential factors in shaping political, economic, and social landscapes. This concept, originally defined by Ferdinand Lasalle in 1862, has earned media the title “the fourth power,” granting them equal significance to executive, legislative, and judicial branches of the state.
The Emergence of Influencers
With the advent of internet services and the proliferation of social media, influencers have carved out a new space to contribute to and even shape public discourse. While influencers, like traditional media, generate and disseminate information on a massive scale, their fundamental differences set them apart.
Regulation of Traditional Media vs. Influencers
Traditional media outlets are strictly regulated, making it easy to identify them publicly and hold them accountable for any shortcomings. These entities are typically corporate bodies with concessions that can be easily monitored or sanctioned by the state, or sued by individuals if they believe their rights have been violated. This transparency encourages traditional media to invest more resources in professional journalistic practices, regardless of their individual reputation and credibility.
Influencers, on the other hand, are usually individuals subject to legislation only to the same extent as an ordinary citizen. Although they can sometimes be identified physically, a degree of “anonymity” protects them, as legal actions against them require personal information such as full names and addresses. Moreover, influencers seldom invest the same resources in infrastructure as traditional media for content creation and production, often lacking formal journalistic training.
The Impact and Regulation of Influencers
Despite these differences, influencers’ power and impact on public opinion are undeniable. Both advertisers/businesses and political parties/authorities have taken notice, prompting various attempts to regulate their activities. One such initiative is the proposed “Platform for Monitoring Influencer Content on Digital Platforms” by Morena in Mexico City’s Congress, as reported by Diputada Leonor Gómez Otegui.
Challenges in Regulating Influencers
While the temptation to regulate influencers is strong, any resulting legislation must consider several factors that could complicate its implementation.
- Existing Solutions: Many issues targeted for regulation already have solutions in other areas of law, such as hate speech or infringement of third parties’ honor and privacy rights.
- Authority Competence: The competent authorities and their territorial scope of application must be considered.
- Legislative Competence: The competency of local Congress to legislate on the matter should be reviewed.
Furthermore, influencers’ anonymity poses a significant challenge to enforcement. Although Gómez Otegui’s proposal includes influencer agencies as regulated entities, independent influencers could easily circumvent this measure. Regulating operators of social media platforms might prove ineffective if they are not based in Mexico.
