1. A law from 2010. Yes, really.
The Czech legal framework for regulating audiovisual content still relies on Act No. 132/2010 Coll. originally designed for traditional media, and later extended to platforms like Netflix. Back then, influencer marketing didn’t even exist, so it naturally wasn’t part of any legal definition. A 2022 amendment introduced some updates, but nothing that would reflect the fast-paced, constantly evolving world of digital content creation. On the contrary, it added even more confusion mainly about who actually falls under the law.
In short: influencer marketing still isn’t properly regulated. The European AVMSD directive leaves room for interpretation and that’s part of the problem. While some countries are actively trying to develop working models, the Czech Republic seems to be copying neighbors (like Slovakia) and waiting to see what happens.
2. Who’s covered by the new regulation? Basically no one. Or everyone?
To fall under the current definition, a creator must meet all of these criteria at the same time:
- An average of 500,000 views per video (on a single platform) per year
- At least 52 published “episodes” annually
- Minimum annual income of CZK 50,000
- Content must be on-demand
But under this definition, it’s hard to imagine any Czech creator currently qualifies. And to make things more confusing, there’s no clear database, no standard for counting views (does it start after 1 second? 3 seconds?), and creators are already finding dozens of ways to technically sidestep the criteria.
3. What happens if an influencer does qualify? It’s more of a burden than a win.
If a creator checks all the boxes, they officially become a provider of on-demand audiovisual media services. Sounds fancy, but it mostly comes with extra obligations, no perks.
In practice, that means:
- Strict rules for advertising, sponsorships, and product placement
- Automatic registration with the RRTV (Czech Broadcasting Council), no opt-in needed
- A requirement to retroactively adjust older content—not just future posts
- Bans on advertising in certain formats (e.g. for kids or news-related content)
- Penalties for incorrect labeling or unclear branding
So why is this a problem?
- The rules are designed for Netflix, not YouTube or TikTok
- Creators lose flexibility; brands face legal risks
- More paperwork, more legal checks, and less space for creativity
- Even the biggest creators, including those fighting misinformation, could lose the ability to monetize through ads or sponsors
- Most importantly: it doesn’t actually solve the issue of hidden advertising. The old rules (like Act No. 40/1995 Coll.) still apply, and the new regulation only affects a tiny part of the market
4. Ads Must Be “Foolproof” in Their Labeling
What counts as an ad? Legally, anything that promotes a brand or product, whether paid, bartered, or even just perceived as promotional needs to be labeled clearly as advertising. From beginning to end, no exceptions.
This isn’t new. The obligation to label ads has existed for years under Act No. 40/1995 Coll., and applies to all influencers, regardless of size or platform.
What is new:
- 2022: An amendment introduces a new category “video influencers” who, if they meet certain criteria, are treated as audiovisual media service providers.
- 2025: The RRTV issues guidance clarifying who this applies to. Creators may be added to the register without their consent, and must follow stricter rules (e.g. no hidden product placements, sponsorship limits, mandatory content catalogues).
Whether content is created by a person, AI, or CGI – the same rules apply. As of now, there’s no legal obligation to label AI-generated content, but that’s likely to change soon. While RRTV statements aren’t legally binding, they doshow how the authority plans to interpret the rules and apply penalties.
In other words, creators and brands are still responsible for their content. And yes, RRTV can issue a new interpretation at any time completely replacing the previous one and making it binding. For example, the 500,000 view threshold could suddenly be lowered to 100,000. That would drastically widen the scope.
Will some of these penalties eventually be ruled invalid in court? Probably. But that won’t matter much. So good luck going through a three-year lawsuit just to prove a point.
5. Who Benefits From the New Rules? Hard to Say.
One of the main arguments for stricter regulation was that many influencers either label ads incorrectly or not at all. But here’s the catch: the new rules currently don’t really apply to anyone. So, in practice, nothing is changing. At least for now.
“The law won’t solve the problem of unlabeled advertising,” someone pointed out during the panel discussion. And they were right. Much more important is self-regulation, trust between brands and creators, and pressure from the audience.
Bottom line: the RRTV’s new interpretation tries to bring influencer marketing under the audiovisual media law, but almost no one currently meets the criteria. Still, there’s uncertainty, growing concern, and risk of penalties. And most of the rules feel more suited to Netflix than to TikTok.
So no revolution yet, but things could change quickly. That’s why it’s critical to stay informed, be ready, and actively join the conversation about what smart regulation should look like.
Want to make sure your influencer collaborations run smoothly and stay compliant? Get in touch, we’ve got extensive experience navigating this evolving landscape.
