THE FIRST ITALIAN CODE OF CONDUCT FOR INFLUENCERS APPROVED
On 23 July 2025, following a technical roundtable and a public consultation launched in 2024, with resolution 197/25/CONS, the Communications Regulatory Authority (AGCOM) approved, together with the new Guidelines aimed at ensuring compliance by influencers with the Consolidated Law on Audiovisual Media Services, also the Code of Conduct of influencers.
The relevant text was made public on August 5, 2025 and can be consulted on the AGCOM website at the following link: https://www.agcom.it/sites/default/files/media/allegato/2025/197_25_cons_allegato%20B_codice.pdf
RECIPIENTS OF THE CODE OF CONDUCT
The Code of Conduct applies to so-called relevant influencers, as defined in the New Guidelines, i.e. those influencers who alternatively reach:
- a number of members (the so-called followers) equal to at least 500.000 on at least one of the social media or video sharing platforms you use; or
- a number of average monthly views of one million on at least one of the social media or video sharing platforms you use.
The Code of Conduct provides for the establishment of a public list of influencers and the obligation for relevant influencers to register to this list.
THE LIST OF RELEVANT INFLUENCERS
Registration to the list of influencers takes place by filling out a specific form form, available on the AGCOM website.
This form must be sent by the influencer to the Authority within 6 months from the publication of the resolution adopting the Code of Conduct (and therefore by the beginning of February 2026).
Based on the data collected, in the next 5 months AGCOM publishes on its institutional website a list of relevant influencers containing only the information strictly necessary to identify them.
Failure to be included in the list of influencers does not affect their compliance with the provisions of the Guidelines and the Code of Conduct. Therefore, if an individual not included in the list qualifies as a relevant influencer, they are still required to comply with the above provisions.
THE OBLIGATIONS SET FORTH BY THE CODE OF CONDUCT
The Code of Conduct outlines a series of obligations for so-called relevant influencers, which can be summarized as follows:
- Respect for the principles of objectivity, completeness, loyalty and impartiality of information and countering disinformation strategies;
- Compliance with the provisions on copyright and intellectual property;
- Respect for the human dignity and prohibition of discrimination and incitement to violence or racial hatred;
- Compliance with general principles in this matter advertising and in particular compliance with the legal prohibitions and requirements regarding the advertising of cigarettes and other tobacco-based products tobacco or nicotine, gambling, medicines and medical care, alcoholic beverages;
- Protection of the minors and other vulnerable categories.
THE PROTECTION OF MINORS AND VULNERABLE SUBJECTS
With specific reference to the protection of minors and other vulnerable groups, the Code of Conduct provides for the following obligations and prohibitions:
- Prohibition of causing harm to the decoration or to the reputation of minors exposed in the contents;
- Obligation to report the presence of flashing lights in videos;
- Obligation to be classified as seriously harmful to minors and therefore prohibited content relating to certain thematic areas (violence, sex and harm to fundamental rights and personal safety) based on predefined parameters (frequency and duration of scenes, level of verisimilitude, scene and plot development, emotional tone);
- Prohibition of exploitation of inexperience, credulity and trust;
- Obligation to report the use of filters or other content modification mechanisms that spread and/or promote unrealistic models.
OBLIGATIONS IN THE ADVERTISING FIELD
With reference to compliance with advertising principles, the Code of Conduct requires influencers to:
- Adopt the signs provided in the Digital Chart of the IAP for the recognisability of commercial communication;
- Comply with the provisions of the Consolidated Law of Audiovisual Media Services in the field of sponsorships and telesales;
- In the event of product placement for commercial purposes, display appropriate signage at the beginning, end, and after any advertising breaks of the broadcast content.
ENFORCEMENT
AGCOM proceeds, ex officio or upon notification, to the checks aimed at verifying the influencers' compliance with the Code of Conduct and Guidelines.
For the purposes of carrying out the supervisory activity, the support of Financial Police And Postal Police.
The activity of reporting any discrepancies from the Code of Conduct or the Guidelines of the contents disseminated by influencers can be carried out by all interested parties and by the associations or organisations representing their interests, by electronic transmission of the form available on the Authority's website.
Proceedings before AGCOM cannot be initiated if proceedings are pending before the judicial authority for the same matter.
In the event of violations being ascertained, the sanctions set out in Articles 38 and 67 of the Consolidated Law on Audiovisual Media Services shall apply. In determining the sanction, consideration shall be given to: i) the severity of the violation; ii) to the work carried out by the influencer for the elimination or attenuation of the consequences of the infringement; iii) the personality of the influencer and his economic conditions.
Content by Attorney Francesca Milani
