Regulating influencer marketing practices continues to be a priority for the Italian authorities, which are working to implement updated and coordinated regulations on the subject. On October 30, 2024, the Advertising Self-Regulatory Institute (“IAP”) updated its Digital Chart Regulation on the recognizability of marketing communication distributed over the Internet (“Digital Chart Regulation”).[1] Additionally, on December 11, 2024, with Resolution No. 472/24/CONS, the Italian Communications Authority (“AGCOM”) announced the launch of a public consultation on the guidelines on influencers published last January (“Guidelines”)[2] and on a draft code of conduct for influencers to be implemented in the near future (“Influencer Code of Conduct”)[3].
Changes to the Digital Chart Regulation
The Digital Chart Regulation ensures that marketing campaigns on online platforms, including social media platforms, are transparent and recognizable as such. The Regulation is a reference for digital advertising in Italy; the AGCOM has noted its importance.
Recent amendments to the Digital Chart Regulation reflect the evolution of influencer marketing practices, which now encompass emerging trends that include new formats such as podcasts and audio. The amendments also bring the IAP regulatory framework into alignment with AGCOM’s intention to regulate digital platforms. Both AGCOM Guidelines and the current draft version of the Influencer Code of Conduct expressly cite the Digital Chart Regulation.[4] The revised Digital Chart Regulation also takes into account the input of stakeholders involved in the discussion of the Influencer Code of Conduct.
The revised version of the Digital Chart Regulation focuses on two main issues: clarity and comprehensiveness. Here are the significant changes from the previous version:
- Clarifying the relationship between influencer and brand. The new structure of the Digital Chart Regulation distinguishes between an influencer in a contractual relationship with a brand, e., a formal influencer endorsement, and a scenario with no agreement. This new structure helps influencers understand and fulfill their specific obligations, which depend also on their relationships with brands.
- Making promotional nature more recognizable. The promotional nature of content published by an influencer must be visible immediately “without requiring any additional action from the user” (g., scrolling or clicking). Additionally, the regulation now explicitly mentions tools provided by video-sharing platforms and social media to make promotional purposes of content evident.
- New type of content. The Digital Chart Regulation now explicitly covers audio content, such as podcasts, within its regulatory scope. This addition reflects the growing use of non-visual platforms for influencer marketing.
- Displaying a proper disclaimer even when influencers benefit from services in the absence of an agreement with the brand. In cases where there is no contractual relationship between brand and influencer, a disclaimer is still required if the brand allows the influencer to use services, such as offers of vacations, dinners, and trips. This comes in addition to the cases already mentioned in the previous version of the Digital Chart Regulation where the brand invites the influencer to events and sends free or discounted products.
- Affiliate marketing. In affiliate marketing campaigns, the influencer is rewarded with a commission and/or other advantage for reaching a specific threshold for an advertiser. In this scenario, the influencer must display two labels: one specifically referring to the affiliate nature of the content (such as “link affiliato + brand” / “affiliate link + brand”) and another stating that the content is a marketing communication resulting from an agreement with the brand (such as “adv/ad + brand”).
- Self-promotions. When influencers promote works they have authored or performed in or products or services bearing brands identical to their names, no disclaimer is necessary. In all other cases, influencers must follow the disclosure rules for third-party promotional content.
Public consultation on the Guidelines and the Influencer Code of Conduct
The AGCOM has launched a public consultation on the Guidelines and on the Influencer Code of Conduct, a disciplinary framework for influencers in line with the Guidelines.
As to the public consultation on the Guidelines, the proposed amendments mainly work to lower the threshold for identifying influencers who fall under the scope of the Guidelines[5].
As to the public consultation on the Influencer Code of Conduct, the current draft version, which may be amended as a result of input received during the public consultation, among others ensures that influencers are identifiable and recognizable: for instance, a third and impartial party is appointed to maintain a register of influencers.[6] The current draft version of the Influencer Code of Conduct also requires influencers to put in place measures to protect the fundamental rights of individuals. Particular attention is paid to the protection of minors and vulnerable groups.[7]
The current draft version of the Influencer Code of Conduct includes guidance on clearly identifying commercial communications, in line with the Digital Chart Regulation. It also includes information on transparency when using content editing tools.[8]
In the aggregate, these steps and measures illustrate how deeply committed the Italian authorities are to building a framework of common rules that will make influencer marketing practices more transparent and hold influencers to account, as well as strengthening cooperation among industry players—a necessary step toward managing this complex and evolving sector.
[1] See the IAP press release here.
[2] See AGCOM Resolution No. 7/24/CONS on the Guidelines on influencers, published on January 16, 2024.
[3] See AGCOM Resolution No. 472/24/CONS on the public consultation on the Influencer Code of Conduct and on the AGCOM Guidelines on influencers.
[4] See AGCOM Resolution No. 472/24/CONS, Annex B paragraph 4 on the public consultation on the Influencer Code of Conduct, in line with the information shared by the IAP during the IAP’s annual meeting held on November 7, 2024.
[5] See AGCOM Resolution No. 472/24/CONS, Annex A.
[6] See AGCOM Resolution No. 472/24/CONS, Annex B paragraph 2.2.
[7] See AGCOM Resolution No. 472/24/CONS, Annex B paragraph 3.
[8] See AGCOM Resolution No. 472/24/CONS, Annex B paragraph 4.
