Italy: Announced Guidelines for Influencer Compliance with the Consolidated Law on Audiovisual Media Services

On 10 January 2024, the Italian Communications Regulatory Authority (AGCOM) adopted guidelines to ensure influencers comply with the provisions of the Consolidated Law on Audiovisual Media Services (Legislative Decree 208/2021). The guidelines aim to identify which provisions of the Consolidated Law apply to influencers and define measures to guarantee their uniform and consistent application, as well as the disclosure requirements they have to comply with when using intermediary platforms. The focus is on ensuring transparency, accuracy of information, protection of minors and fundamental rights, and transparency of commercial communications and product placement. The guidelines define an influencer as someone who offers a service that constitutes an economic activity, with editorial responsibility for audiovisual content aimed at informing, entertaining or educating the public. This content is made available on video-sharing platforms or social media and is likely to generate income through commercial agreements. The guidelines clarify certain provisions of the Consolidated Law to influencers, including principles of human dignity, protection of minors, rules on commercial communications, and intellectual property rights. A technical committee will draft one or more codes of conduct to define further measures for influencers to comply with applicable provisions of the Consolidated Law. The code(s) will address transparency, recognisability of influencers, and contrasting disinformation. AGCOM will oversee compliance and may update the guidelines.