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THE FIRST ITALIAN CODE OF CONDUCT FOR INFLUENCERS APPROVED<\/strong><\/p>\n\n\n\n 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<\/strong> of influencers.<\/p>\n\n\n\n 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<\/a><\/p>\n\n\n\n RECIPIENTS OF THE CODE OF CONDUCT<\/strong><\/p>\n\n\n\n The Code of Conduct applies to so-called relevant influencers, as defined in the New Guidelines, i.e. those influencers who alternatively reach:<\/p>\n\n\n\n The Code of Conduct provides for the establishment of a public list<\/strong> of influencers and the obligation for relevant influencers to register <\/strong>to this list.<\/p>\n\n\n\n THE LIST OF RELEVANT INFLUENCERS<\/strong><\/p>\n\n\n\n Registration to the list of influencers takes place by filling out a specific form form, available on the AGCOM website<\/strong>.<\/p>\n\n\n\n This form must be sent by the influencer to the Authority within 6 months<\/strong> from the publication of the resolution adopting the Code of Conduct (and therefore by the beginning of February 2026).<\/p>\n\n\n\n Based on the data collected, in the next 5 months<\/strong> AGCOM publishes on its institutional website a list of relevant influencers containing only the information strictly necessary to identify them.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n THE OBLIGATIONS SET FORTH BY THE CODE OF CONDUCT<\/strong><\/p>\n\n\n\n The Code of Conduct outlines a series of obligations for so-called relevant influencers, which can be summarized as follows:<\/p>\n\n\n\n <\/p>\n\n\n\n THE PROTECTION OF MINORS AND VULNERABLE SUBJECTS<\/strong><\/p>\n\n\n\n With specific reference to the protection of minors and other vulnerable groups, the Code of Conduct provides for the following obligations and prohibitions:<\/p>\n\n\n\n <\/p>\n\n\n\n OBLIGATIONS IN THE ADVERTISING FIELD<\/strong><\/p>\n\n\n\n With reference to compliance with advertising principles, the Code of Conduct requires influencers to:<\/p>\n\n\n\n <\/p>\n\n\n\n ENFORCEMENT<\/strong><\/p>\n\n\n\n AGCOM proceeds, ex officio or upon notification<\/strong>, to the checks aimed at verifying the influencers' compliance with the Code of Conduct and Guidelines.<\/p>\n\n\n\n For the purposes of carrying out the supervisory activity, the support of Financial Police<\/strong> And Postal Police<\/strong>.<\/p>\n\n\n\n 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<\/strong>.<\/p>\n\n\n\n Proceedings before AGCOM cannot be initiated if proceedings are pending before the judicial authority for the same matter.<\/p>\n\n\n\n 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<\/strong>; ii) to the work carried out by the influencer for the elimination or attenuation<\/strong> of the consequences of the infringement; iii) the personality of the influencer and his economic conditions<\/strong>.<\/p>\n\n\n\n Content by Attorney Francesca Milani<\/a><\/p>\n\n\n\n <\/p>","protected":false},"excerpt":{"rendered":"<\/ol>\n\n\n\n
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