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Colombian regulator Coljuegos has begun sanction proceedings against 35 influencers and companies suspected of operating promotions through their social-media channels without permission and without paying the associated fees.

Marco Emilio Hincapié, the president of Coljuegos, said in a press release: “We are investigating individuals and legal entities that raffle off movable property, real estate and cash on social media, but who do not request authorisations. In addition to incurring an alleged violation of the criminal code, these people would be failing to pay resources that are subsequently transferred to the health system.” 

Currently, the number of raffles per year allowed through Coljuegos is just one, but Hincapié previously announced that would be increased to 48 a year. He said this week that a decree allowing 24 a year is ready for the President to sign.  

Motorcyclist and influencer Javier Arias Castañeda, who has 1.1m followers on Instagram, is among those who have been hit with a sanction. His latest post promoting a giveaway, which dates from March, showed him buying three motorcycles and promising to give them away to people in the street who could prove that they followed him. 

Arias has a highlights reel of saved stories on his Instagram profile which appear to show him raffling off luxury vehicles through the platform. He does not appear to be promoting products, and the companies under investigation in association with the raffles are his.  

Hincapié said that two sanctioning processes had been launched against two companies affiliated with Arias, ACJ Digital Revolution and Javier Arias Stunt SAS.

To be an authorised raffle operator, Arias would need to be registered with Coljuegos. Approved operators must pay 14 percent of the total number of tickets and an additional 1 percent of the value of administration costs.    

In a press release, Hincapié said that it is a crime to operate gambling without authorisation according to Article 312 of the Colombian Criminal Code. 

The fine for a violation is up to 100 monthly minimum wages, which at the current conversion rate is US$29,603.

Other companies listed among the 35 include Productos Epa Colombia SAS, Grupo Cossio SAS, Lechoneitor SAS and Supertiendas Olímpica. A further 79 are under investigation. 

Hincapié issued a warning in August 2023 to influencers that ignorance of the law regarding social-media raffles will not spare them the consequences. He followed the warning up with Coljuegos-led training sessions for influencers this spring.