The influencers and their digital power before the 29N: Ac2ality, the informative phenomenon that sweeps through TikTok

In Spain, there is no single law being processed that encompasses all advertising and informational content on social networks. As of October 20, 2026, there coexist obligations already enforceable, legislative reforms that were not completed, and regulatory developments in preparation. The main distinction is that influencer advertising is already regulated, while several reforms on information, platform supervision, and minors remained unapproved.

1. Influencer advertising: regulation already applicable

The Law 13/2022, General Audiovisual Communication Law, establishes obligations for video platforms and certain creators. Its development through Royal Decree 444/2024 specified which influencers are users of special relevance. According to the CNMC explanation, they must simultaneously meet these thresholds:

• Annual income of at least 300,000 euros derived from their activity.
• At least one million followers on one service or two million across several.
• Publication of at least 24 videos in the previous year.

These creators must identify advertising, protect minors, classify the corresponding content, and register in the state registry. Creators who do not reach these thresholds remain subject to general advertising and consumer rules: they are not authorized to hide commercial collaborations.

This is not a regulation pending implementation: the CNMC published on July 23, 2026 sanctions for unidentified advertising, insufficient protection of minors, and advertising of medicines. Additionally, the self-regulation code of AUTOCONTROL, AEA, and IAB Spain was updated with effects from October 1, 2025; it should not be confused with a new law.

2. Informational content: reform of the right of rectification

The Government approved and sent to Congress the Organic Bill regulating the right of rectification on January 13, 2026. It intended to extend it to users with 100,000 followers on one platform or 200,000 across several, require accessible channels to request rectifications, and visible notices alongside rectified information.

These thresholds belonged to the proposed reform, not to the current audiovisual regime. Since it remained pending in the Parliament, it expired with the parliamentary dissolution; it cannot be presented as a newly approved obligation.

3. Platform supervision and media transparency

The Bill for the Improvement of Democratic Governance in Digital Services and Media, approved by the Government on July 29, 2025, sought to strengthen the CNMC's powers, adapt Spanish supervision to the Digital Services Regulation, and increase transparency about media ownership and financing.

Its processing did not conclude before the early election and expired. This does not suspend the European Digital Services Act —DSA—, which is directly applicable: it maintains obligations on advertising transparency, reporting illegal content, moderation, and protection of minors. Nor does it equate to a general prohibition of all false information.

4. Minors and other pending developments

The Organic Bill for the protection of minors in digital environments, approved by the Government on March 25, 2025, expired on October 6, 2026. Its proposed measures should not be confused with current law.

On the other hand, a consultation on audiovisual commercial communications has been proposed, but its definitive approval is not recorded in the consulted sources. In conclusion: current obligations remain enforceable; expired reforms will require a new initiative to continue.

A private digital media outlet can interview candidates during the electoral campaign without prior electoral authorization. The key is to distinguish between digital press, radio, and television: not all have the same obligations, and publishing a video interview does not automatically equate a digital newspaper with a television station.

1. Identify the media regime

Article 66 of the Organic Law of the General Electoral Regime (LOREG) establishes these differences:

• Private digital press: is not subject, under this article, to the same coverage distribution regime as televisions. There is no general obligation to interview all candidates or to grant them identical space.
• Private radio: must respect pluralism and equality during the electoral period.
• Private television: must also respect proportionality and informational neutrality in interviews, debates, and campaign information.
• Public media: are subject to all four principles and must present their coverage plans, including interviews, to the competent Electoral Board.

If the project includes an internet television service, its effective nature must be examined: the digital medium alone does not resolve its legal classification.

2. Selection of candidates and conditions

For broadcasters subject to article 66, Instruction 4/2011, amended in 2015, develops electoral guarantees. Equality does not necessarily mean identical duration: justified differences may exist, especially considering previous results and territorial scope.

These requirements should not be automatically transferred to a private digital newspaper. In this case, documenting editorial criteria, invitations, and refusals is a prudent recommendation, not a general obligation to present an electoral plan. Nor should a series of interviews be confused with a television debate: face-to-face debates have specific rules on compensatory coverage.

3. Separate journalism and advertising

An editorial interview does not equate to contracted propaganda. If a candidacy pays for a space presented as an interview, it must be analyzed as electoral advertising, without hiding its nature.

Article 58 requires explicit identification of electoral advertising and prohibits discrimination among candidacies in inclusion, rates, and placement; rates cannot exceed commercial ones. Article 60 prohibits contracting electoral advertising in public media and private televisions. Therefore, charging for an interview changes the legal analysis and is not resolved merely by adding a label.

4. Respect temporal limits and polls

The electoral period begins with the publication of the call, before the campaign. Instruction 3/2011 allows interviews in the pre-campaign as long as they do not include an explicit request for votes. This condition should not be confused with a general prohibition on asking for votes during the campaign.

At the end of the campaign, restrictions on propaganda and campaign acts during reflection and voting must be respected. Additionally, article 69.7 prohibits publishing, disseminating, or reproducing polls in the five days prior to voting: an interview does not allow circumventing this by reproducing a survey.

5. Rectification and public resources

Article 68 contemplates the rectification of inaccurate facts harmful to candidates or leaders. The media must comply with this right and electoral resolutions affecting it.

If the interviewee holds a public office, care must be taken to avoid turning the interview into electoral promotion institutionally financed: article 50.2 and Instruction 2/2011 limit such uses. In practice, it is advisable to set format, financing, and publication date before closing the interview.

As national president of the Partido Popular, Alberto Núñez Feijóo exercises the representation of the party, directs its political action, and presides over its main national bodies. His powers are framed in the Statutes approved in July 2025, at the XXI National Congress. It is a position of reinforced leadership but does not replace the competencies of collegiate bodies.

Representation and political direction

The central enumeration of his powers is located in Article 44. These functions correspond to the national Presidency as a party body: they are not personal faculties granted exclusively to Feijóo.

• Represent the PP politically and legally. The Presidency expresses the institutional position of the organization and exercises its external representation. It is advisable to distinguish this power from the powers that may correspond to other positions by delegation or specific functions.
• Direct and coordinate national political action. He is responsible for leading the general political orientation of the party and coordinating its development. This competence is exercised within the framework of the decisions of the National Congress and the powers of the other bodies.
• Authorize statements that commit the party. The Statutes require his authorization for statements made on behalf of the PP or that may affect or politically commit it. It is a relevant power to maintain a coherent official position.

Presidency of governing bodies

Feijóo presides over the National Board of Directors and the National Executive Committee. The first articulates political direction between congresses; the second develops the ordinary executive direction of the party.

In these bodies, he has a casting vote in case of a tie. This allows him to resolve a tied vote but does not equate to replacing deliberations nor to unilaterally adopting any agreement reserved for those bodies. His leadership coexists, therefore, with collegiate decision-making procedures.

Configuration of the leadership team

The Presidency has a decisive initiative in the composition of the leadership. Among its powers is to propose to the Executive Committee the appointments of positions such as the secretary general, the general coordinator, the deputy secretaries, the coordinators and state secretaries, and the general director of Finance and Organization.

The distinction between proposing and appointing is important: when the Statutes require the intervention of the Executive Committee, the decision should not be presented as an exclusively personal designation of the president. The Presidency promotes the proposal, while the competent body participates in its formalization.

Coordination and internal compliance

His responsibility also includes ensuring that the organization's activity respects the Statutes, internal rules, and current legislation. The national political leadership also provides the coordination framework for the entire party, without eliminating the competencies of territorial structures or specialized bodies.

In disciplinary matters, leadership should not be identified with unlimited sanctioning power. The actions of the national leadership are subject to procedures, internal guarantees, and the defense rights of members; a general power to sanction arbitrarily cannot be inferred from the Presidency.

Scope and limits of his competencies

In summary, the Statutes concentrate in Feijóo representation, political direction, presidency of bodies, initiative on appointments, and control of the official message. His limits are the decisions of the National Congress, the competencies of the Board of Directors and the Executive Committee, internal guarantees, and the law. Therefore, not all electoral, territorial, or disciplinary decisions adopted by the PP leadership should automatically be attributed individually to the president.