CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
gramme or other content. Tax regulations should also be considered. In the case of social media advertising, the basic requirement is that advertisements have to be labelled clearly and visibly. From a soft-law perspective, the Code of Advertising Practice stipulates that: • advertising disseminated through communication media also includes advertising disseminated in the metaverse, in computer games, on any com - munication platforms (Facebook, TikTok, X, Insta - gram, YouTube, and others), or through influencers; • all posts by influencers on social media for which remuneration or other non-monetary considera - tion (ie, barter) has been provided must be explic - itly labelled or distinguished as advertising – for example, using a function offered by the platform (eg paid partnership), directly in the text of the post or through hashtags. When using hashtags, the hashtag indicating that the post is advertising should be placed before all others. The labelling of an advertising post must be clear and must not mislead the audience as to the nature of the post. Lastly, the AIP has also issued various documents tar - geting social media, in particular: • the Code of Conduct for Taking Over and Use of Third-Party Content; • the Code of Conduct for On-Demand Audiovisual Media Services; • the Influencer Code; • the Code of Conduct for using AI in Influencer Marketing; and • the Code of Conduct for Political Influencers. 5.2 Liability for Third-Party Content The advertiser is liable for the content of the ad jointly and severally with its creator, unless it is proven that the advertising was carried out contrary to the adver - tiser’s instructions. This rule applies to all kinds of advertising, including in social media. If the advertiser falls within the definition of a provider of information society services (such as online market
places or discussion forums), it could, upon meeting certain conditions, also be held liable for: • the content of transmitted information (content posted by users); • the content of automatically and temporarily stored information; and • the storage of content provided by users of its service. 5.3 Disclosure Requirements Since there are no specific laws, the same disclosure requirements that apply to advertising in traditional media also apply to online and social media disclo - sures. For more information, please see 2.7 Disclosures and 5.1 Special Rules Applicable to Social Media . 5.4 Requirements for Use of Social Media Platforms General requirements for advertising apply, as there are no specific laws regulating the use of social media platforms. For more information, please see 2.7 Disclosures and 5.1 Special Rules Applicable to Social Media . To the authors’ knowledge, there are no social media platforms that are not permitted to be used in the Czech Republic. However, the National Cyber and Information Security Agency issued a warning about the TikTok app in 2023, labelling it a security threat. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns There are no specific rules or regulations that apply to influencer campaigns. Therefore, the general advertis - ing standards shall apply. Tax regulations should also be considered. From a soft-law perspective, the Code of Advertis - ing Practice stipulates that all posts by influencers on social media for which remuneration or other non- monetary consideration (ie, barter) has been provid - ed must be explicitly labelled or clearly identified as advertising.
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