On the platforms

Influencers, advertising and transparency: dialogue with Agcom for a new code of conduct

Agcom and associations work on a code of conduct for influencers to ensure transparency and commercial fairness

23 July 2024

2' min read

Key points

Agcom Guidelines
Criteria for inclusion
Aicdc criticism

2' min read

The activity of the influencers present on platforms has also ended up under the lens of Agcom, which last January introduced guidelines meeting the requirements of transparency and commercial fairness with the aim of defining specific obligations for content creators, distinguishing between professional and amateur activities, and introducing sanctions for violations. At the same time, it was decided to launch a round table in which the associations would also take part and which should lead to a specific code of conduct.

In essence, the Communications Guarantee Authority equates influencers with persons performing an activity similar or otherwise comparable to that of audiovisual media service providers, with consequent editorial liability for content shared on platforms and subjection to the Consolidated Law on the sector, but only if they perform professional activities.

Agcom Guidelines

This is a framework within which, according to the Authority, those who offer audiovisual content containing commercial communications on the basis of agreements of any kind, in return for payment of money or the supply of goods or services are included:

- reach a number of subscribers (followers) of at least one million, resulting from the sum of the subscribers on the platforms and social media on which they operate;

- have published at least 24 pieces of content in the year preceding the survey;

- have exceeded at least on one platform or social media an average engagement rate in the last six months of 2 per cent or more.

Criteria for inclusion

For Aicdc, the Agcom guidelines are an excellent starting point, but they need to be refined. The association's firm point is that content creators cannot, however, be considered 'publishers' because they do not have the platforms within which they operate, do not control the media, do not know the algorithm that regulates them and are not the 'owners' of their fanbase.

'Then,' Valente emphasises, 'we need to converge on the definition of influencers and content creators because Agcom's numbers, i.e. 'one million followers and at least 2 per cent engagement rate' do not correctly frame all profiles: there are influencers and content creators who have less than one million followers, but do much more than 2 per cent in terms of engagement rate'.

Aicdc criticism

More critical is the opinion of Assoinfluencer. "As of today," says Ierussi, "the element on which, in our opinion, we need to intervene is that linked to the assumption of the 'threshold' for the application of the regulation, which will probably be resized. We believe the best solution is to eliminate it in order to guarantee legal certainty with respect to factors typical of social media, which are characterised by high volatility. We would prefer - even if it may seem contrary to the interests of our own association - a widespread system that would give greater stability and certainty to what is the intervention of the Authority towards the end user'.

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