Italian authorities set new rules for influencers

A year after the Pandorogate, Italian authorities have begun to increasingly regulate and monitor the world of Italian influencers – a sector that was previously somewhat unregulated in many respects and is now under closer scrutiny. The most-followed influencers, deemed “relevant” by the Communications Authority, or Agcom, will soon be subject to a strict Code of Conduct with rules aimed at ensuring transparency and fairness in the digital market. As reported by Il Sole 24 Ore, the code, approved by Agcom's Council with only Commissioner Elisa Giomi opposing, stipulates that the new rules will apply to those with at least 500,000 followers per platform or one million monthly views. This threshold, compared to previous guidelines, has been lowered to include about 2,000 influencers nationwide, thereby broadening the scope of regulations. The Code of Conduct, presented to commissioners on November 26, is now subject to a public consultation, with a conclusion expected in January. According to Agcom's official statements, the rules aim to ensure compliance with the Unified Text on Audiovisual Media Services and promote virtuous practices in the influencer marketing sector.

As reported by Il Sole 24 Ore, the arrival of this code has not significantly impacted advertising investments in the sector, which, according to Upa, are expected to close 2024 with a 9% growth, reaching 352 million euros. On the contrary, the code has been introduced to regulate a sector that, regardless of any controversy, is still expanding and increasingly becoming the cornerstone of commercial communication for brands and companies. Relevant influencers will be required to adhere to strict rules, including transparency obligations regarding advertising, protection of minors, and non-discrimination. Those who fail to comply may face severe penalties, with fines ranging from 10,000 to 250,000 euros for undeclared advertising and from 30,000 to 600,000 euros for violations related to the protection of minors. Another significant innovation, highlighted by Il Sole 24 Ore, is the obligation to register in an official registry. Among the most notable new rules is the requirement to disclose the use of filters or digital modifications in content, through hashtags or other specific labels. This measure aims to ensure greater authenticity and protect consumers, particularly younger ones, from the deception of manipulated images.

As explained in Il Sole 24Ore by Gilberto Nava, lawyer and Equity Partner at Gatti Pavesi Bianchi Ludovici law firm, the code, and especially the official registry—similar to what is defined as a “roll” for other categories—could elevate the role of influencers to that of true audiovisual operators. This represents a subtle but effective change: on one hand, because certain mega-influencers now have huge followings, often larger than the audience of a TV channel; but also because it forces influencers themselves to adhere to a code of conduct, elevating them to professionals in the sector. While the new rules primarily affect the most-followed influencers, their consequences could also extend to so-called micro-influencers. According to industry analysts and professionals, the new contractual standards imposed by brands will also reflect on those working in more specific niches, such as luxury and automotive, where adherence to ethical principles is now an essential requirement. Another crucial aspect concerns the training of influencers and their managers. Agencies are already preparing talent managers to handle creators in compliance with the new rules, to avoid penalties and ensure they fully understand their role within the audiovisual system. The hope, shared by Agcom and many in the sector, is that this professional field will be better regulated and that influencers themselves will promote a more ethical and responsible use of digital platforms.