Transparent advertising, the regulatory framework for influencers

Another step towards the regulation of influencers and all those professionals who gravitate around influencer marketing, a sector that, in Italy, is worth four billion and has an employment impact of 52 thousand jobs. A little over a month after 5 February, the date by which to register on the list of influencers (the publication of which on Agcom's website is expected in July), the Communications Guarantee Authority has released two documents supporting the correct application of the Guidelines and the Code of Conduct, established with the deliberation 197/25.

If Annex B, 'Summary and Operational Faqs', addresses influencers with questions and answers for immediate use and correct knowledge of advertising transparency obligations, permitted or prohibited conduct and protection of minors, Annex A, 'Legal Framework and Procedural Profiles', is mainly intended for lawyers, media agencies, brands and operators who need to know about regulatory developments.

In this regard, the primary legislation in Italia remains Legislative Decree 208/2021, also known as the Consolidated Law on Audiovisual Media Services (Tusma), especially in Articles 41 to 43, alongside the prohibition of unfair commercial practices and consumer protection, already introduced in the Consumer Code (Legislative Decree 206/2005, Articles 20-27), and the innovations transposed by the Digital Services Act (EU Regulation 2022/2065), especially on the transparency of advertising on online platforms and advertising registers.

Then there are the industry standards, such as Iap's Digital Chart regulation, approved in 2024, which focuses on the recognisability of commercial communication disseminated via the Internet, and the Agcom regulations of recent years, which increasingly direct the sector towards professionalisation.

With the 'Regulatory framework and procedural profiles', the Authority lists the indications that must be followed to avoid administrative pecuniary sanctions (in this regard, see Il Sole 24 Ore of 3 February). Having established who an influencer or content creator is - a natural or legal person (including through virtual personas) who creates and selects content disseminated to the public through online platforms, assuming editorial responsibility for what he or she publishes, and for which it is relevant to receive consideration in money, products, services or benefits - the Authority emphasises the responsibility for transparent communication with regard to promotion, sponsorship, product placement or branded content conveyed on one's digital accounts. In other words, it must be clear to the platform user, through simple and comprehensive wording, whether the content has a promotional purpose.