1. WHAT HAPPENED
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 the Code of Conduct of influencers and the new version of the Guidelines aimed at ensuring that influencers comply with the Consolidated Law on Audiovisual Media Services.
Both texts were published on August 5, 2025 and are available on the AGCOM website at the following links:
www.agcom.it/sites/default/files/media/allegato/2025/197_25_cons_allegato%20A_linee%20guida.pdf
https://www.agcom.it/sites/default/files/media/allegato/2025/197_25_cons_allegato%20B_codice.pdf
2. WHAT CHANGES WITH THE NEW GUIDELINES
Compared to the previous version, approved on January 10, 2024 and published on January 16, the new edition of the Guidelines presents some substantial innovations:
- change the slightly definition of influencer and the list of related requirements;
- the scope of application of the regulation has been modified, with the introduction of the concept of relevant CD influencers, based on different quantitative parameters than the so-called professional influencers of the previous Guidelines.
However, the obligations to which influencers are subject remain unchanged.
3. THE NEW DEFINITION OF INFLUENCER
The new Guidelines define influencers as natural or legal persons who, including through virtual personas, disseminate content to the public through digital platforms, particularly social media, and who can have a significant impact on the behavior and choices of that audience, in a manner similar or at least comparable to that of audiovisual media service providers under national jurisdiction, provided that all of the following conditions are met:
- the main purpose of the service offered is the digital content provision via platforms of sharing videos, social media or other media, which inform, entertain or educate, in exchange for payment of a equivalent in money or in products, services, benefits or any other utility or profit;
- the influencer has the editorial responsibility on the contents;
- the service reaches a significant number of users on Italian territory and has a significant impact on a significant portion of the public;
- the service offered constitutes economic activity pursuant to Articles 56 and 57 TFEU;
- The service is characterized by a stable and effective link with the Italian economy.
Compared to the definition contained in the previous version of the Guidelines, the new notion of influencer:
- It emphasizes thesignificant impact of influencers on consumer behavior and choices;
- It includes and expressly mentions the virtual influencer;
- Eliminates the requirement that content be offered in Italian or explicitly aimed at users in Italy;
- Remove reference to content use on demand.
4. THE NEW SCOPE OF THE GUIDELINES: RELEVANT CD INFLUENCERS
The provisions of the Consolidated Law on Audiovisual Media Services identified by the Guidelines are immediately applicable to so-called relevant influencers, i.e. those 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.
Compared to the previous definition of professional influencers, the new definition of relevant influencers:
- is based on alternative and non-cumulative requirements;
- It does not refer to engagement rates or numbers of content published but rather to the quantity of average monthly views; and
- lower the follower threshold relevant (from 1 million followers on all platforms to 500,000 followers on at least one platform).
5. THE OBLIGATIONS OF RELEVANT INFLUENCERS
The obligations set forth in the Consolidated Law on Audiovisual Media Services and applicable to so-called relevant influencers are the same as those set forth in the previous version of the Guidelines for professional influencers and can be summarised as follows:
- Ensure the respect for human dignity, and not in any way legitimize violence, hatred or discrimination;
- Comply with the rules on protection of minors, ensuring that they do not publish content that is seriously harmful to the physical, mental or moral development of minors;
- Comply with the rules on commercial communications, telesales, sponsorships, product placement and the ban on covert advertising, recognising the rules of the IAP Digital Chart Regulation on recognisability of commercial communication;
- Ensure the truthful presentation of the facts and events and verify the accuracy and objectivity of the information, including by citing sources;
- Ensure compliance with the provisions on copyright protection and intellectual property.
6. SANCTIONS
The sanctions for non-compliance with the aforementioned obligations by influencers have also remained unchanged.
Like the previous version, the new Guidelines refer to art. 67 of the Consolidated Law on Audiovisual Media Services, which provides administrative pecuniary sanctions of different amounts depending on the type of violation.
Content by the Lawyer. Francesca Milani
