From Likes to Law: The New Bill That Will Change the Game for Influencers in Colombia

If you thought being a content creator was just recording a video, uploading it, and waiting for the algorithm to do its magic, get ready, because the rules of the game are about to be formalized. Bill 394 of 2025 has been introduced in the Senate of the Republic. This legislative initiative seeks to regulate, promote, and protect the activity of those who bring social media to life in Colombia. 

This bill objective is to build a more responsible, transparent, and professional digital ecosystem. 

The main elements of the bill are the following:

1. Goodbye to Hidden Advertising: Mandatory Transparency

One of the most notable changes is that advertising disguised as a casual recommendation has its days numbered, seeking to protect the consumer. 

• If a brand or company hires you to promote it, you must disclose the relationship using unambiguous and visible terms like ‘Advertising’, ‘Sponsored content’, or ‘Paid collaboration’.
• If you ignore this rule and fail to disclose the commercial relationship, you could face a fine of up to 10 Current Legal Monthly Minimum Wages (SMLMV).
• The entity in charge of imposing this fine will be the Superintendence of Industry and Commerce. 

2. Careful What You Recommend: Health and Cosmetics Under the Microscope

Promoting the “miracle tea” or the “magic cream” will require much more responsibility and scientific rigor.

• To advertise medications, dietary supplements, phytotherapeutic products, and cosmetics, it will be mandatory to comply with current regulations and exhibit the corresponding sanitary registration.
• It is strictly prohibited to attribute therapeutic, preventive, or curative properties to products if they are not backed by the competent health authority.
• Breaking these provisions can cost you a hefty fine of up to 20 SMLMV, not including other sanctions from INVIMA. 

3. Taxes, Quotas, and a Solidarity Fund

Like any profession that becomes formalized, economic responsibilities arrive, but so do collective benefits. The bill brings to life the National Solidarity Protection Fund for Digital Content Creators and Influencers. 

• This fund will be nourished, in part, by a “Development Quota” (Cuota de Fomento) equivalent to 1% of the value of the content creation service contract.
• Watch out! The economic party responsible for paying this 1% won’t be you, but the person or company hiring your services , and it will be charged only once when the total contract is paid.
• A 2% tax on gross income generated by digital services (like online advertising or subscriptions) on content distribution platforms will also be created.
• If you provide digital services to clients without residency in the country and use smart contracts, you will pay an 8% income tax rate, provided the payment is channeled through the foreign exchange market. 

4. A Bet on Mental Health and Child Protection

The project recognizes the impact of social networks and has a strong focus on emotional well-being and the protection of the most vulnerable. 

• Creators must refrain from generating or broadcasting content that could affect the physical, emotional, or psychological development of children and adolescents.
• The resources of the new Solidarity Fund will be used to finance content that prevents problems such as cyberbullying, hate speech, and digital addiction, promoting mental health.
• It will also finance projects to promote a culture of peace, care for the environment, human rights, and tourism in Colombia. 

5. Time to Celebrate! An Official Day and a National Registry

Finally, the law seeks to grant formal status to the profession, organize it, and celebrate its impact on society. 

• The Ministry of the Interior will keep a “National Registry of Content Creators” to target the fund’s investment and policies that deepen freedom of expression.

• Mark your calendar! December 19th of each year will be officially established as the “Day of Influencers and Digital Content Creators”.