Italy is finally regulating influencers

In an effort aimed at complementing the profession of content creator with that of traditional media, the Communications Authority AGCOM has approved a new regulatory framework for influencers. The profession, born only recently, did not have any specific limits until now - apart from adhering to copyright laws and commercial communication - but now new rules will be added, tailor-made. As early as 2023, France had initiated a similar legislative project, officially announcing a regulatory plan on online promotional activities of influencers in July of last year, including a ban on advertising plastic surgery, certain medical devices, nicotine-containing products, betting, and gambling.       

Although not yet made available to the public, it has been stated that only influencers with a total of 1 million followers and who generate reactions on at least 2% of the content will have to adhere to AGCOM's new guidelines, created based on the Consolidated Text on audiovisual media (radio and television). The rules to be implemented include mandatory transparency in advertising, with fines up to 250,000 euros, on child protection, which according to the Consolidated Text penalizes offenders with fines ranging from 30,000 to 600,000 euros, on corporate transparency, and on content removal upon request. In addition to the new guidelines, a true "technical table" will also be designated, i.e., a committee of experts tasked with drafting a code of conduct for content creators. Despite being an independent authority, AGCOM will be the entity responsible for overseeing and sanctioning professionals who do not comply with the new rules. 

For influencers with fewer than 1 million followers, the same laws as before apply, such as on copyright and commercial advertising. Despite the laws specifically created for content creators being implemented only from this year onwards, both AGCOM and Antitrust have intervened several times in cases of unethical practices by influencers, even in cases where they did not have a large following - the cases of Asia Valente, investigated by Antitrust last November for misleading advertising, and Stefano De Martino, Cecilia Rodriguez, and Stefano Sala in May 2021, under investigation by AGCOM for lack of transparency on social media, remain famous. From the initial statements by the communications supervisory authority on the new guidelines, many have speculated about a possible connection with the recent case of Chiara Ferragni and Balocco, but AGCOM President Giacomo Lasorella has explained that the project has been in the works for at least a year.