In the 2016 the Institute of Advertising Self-Discipline (IAP) has published the first version of the Digital Chart: guidelines designed to ensure the transparency of digital commercial communications.
From the 2019 the provisions of the Digital Chart have been included in a specific Regulation, which integrates the Self-Regulation Code of Commercial Communication, and which all those who, directly or indirectly, adhere to the self-disciplinary system must adhere to.
Over the years, the Digital Chart has become an essential tool for professionals in the online marketing, to the point that AGCOM, the Communications Authority, within the Guidelines addressed to influencers (Annex A to resolution no. 7/24/CONS), he explicitly accepted it.
On date October 30, 2024 the Institute of Advertising Self-Discipline (IAP), following the discussion which took place during the Technical Table for the drafting of the Code of Conduct for influencers provided for by the relevant Guidelines, has announced a updated version of the Digital Chart.
The revision of the Regulation simplifies language and structure, improving clarity.
First of all, it was made clear that the “suitable precautions”, necessary to demonstrate the promotional purpose of commercial communication, must be "immediately visible, without further action by the user”. Consequently, it is not sufficient to indicate the promotional nature of, for example, a post on Instagram, by inserting one of the indicated hashtags in the description, if the user has to click on “other” to view it.
Furthermore, regarding the structure of the Digital Chart, the existing forecasts have been divided into two sections: “Influencer Marketing" And "Other forms of digital communication”. The latter includes the hypotheses of in-feed units, paid search units, recommendation widgets, in app advertising And advergame, the regulation of which has remained unchanged compared to the previous version of the Regulation.
As regards the section relating to theinfluencer marketing, instead, some innovations have been introduced. First of all, two hypotheses have been clearly distinguished: the cases in which both there is a client relationship between brands and influencers and the cases in which instead be absent. As regards the first hypothesis, these are now among the cases in which it is necessary specify the promotional nature of the content, along with posts, videos and expiring content, the audio (such as, for example, the podcast). In this case, the advertising purpose of the message must be declared both in the description both to voice at the beginning of the broadcast. Still in relation to the reporting of paid content, the possibility of also take advantage of the tools offered by the platforms themselves (the CDs tools), provided that these comply with the provisions of the Regulation.
The use of certain services (for example, holidays or dinners offered) by the influencer has been added to the cases in which It is necessary to point out that this experience was offered by the brand, even if there is no client relationship with the latter. In this case, if the influencer produces content related to the service used, he/she must use appropriate wording to ensure transparency towards the public.
On the subject of affiliate marketing, a commercial practice through which the influencer is rewarded with a percentage of the proceeds from sales connected to him, in the contents in which the discount code or the link of affiliation, must be present a specific wording (“affiliate link + brand”) and at least one hashtag among those already provided for by the Regulation with which to indicate the advertising nature of the content.
Finally, the latest news concerns the self-promotions. In fact, it is expected that the influencer who promotes works of which he is the author or performer, or products or services distinguished by a trademark coinciding with his name, he must not insert any warning as what is the object of the promotion is clearly attributable to the influencer himself. In hypothesis different from these, they must be insert the appropriate wording provided for by the Regulation.
Content by the Lawyer. Elisa Maria Babbini.
