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Influencers, streamers, and creators, professionals who provide and disseminate digital audiovisual content created, produced, or selected, have been rampant in the world of communication and social media for years, with a significant and, sometimes, dangerous ability to influence the choices and orientations of young users in particular.
Their significant ability to influence the economic and social behavior of their followers, due to their considerable impact on the behavior and choices of this audience, has therefore led the Authority to regulate the activities of relevant influencers, equating them with those of audiovisual media service providers. This results in responsibilities and obligations, similar to those of traditional broadcasters, to comply with the general principles governing commercial communications in accordance with the provisions of the Consolidated Law on Audiovisual Media Services (TUSMA, Legislative Decree No. 208/2021) and the Code of Conduct.
The AGCOM resolution, applying a quantitative criterion, defines 'relevant' influencers as those who reach 500,000 followers or an average of one million monthly views on at least one of the social media or video sharing platforms used.
These rules impose stringent obligations on transparency in commercial communications, the protection of minors and fundamental rights, respect for intellectual property, and editorial responsibility in relation to published content.
Commercial communication, such as sponsorship or product placement, must be clearly marked (as also required by the IAP Digital Chart Regulation) using, for example, hashtags or clear wording to ensure advertising transparency and avoid misleading messages.
Content of any kind disseminated by influencers, regardless of the medium or format used, must guarantee objectivity, completeness, accuracy, and impartiality of information, with particular attention paid to the protection of minors: it is prohibited to publish content that is "seriously harmful" to the physical, mental, or moral development of minors or content that is harmful, manipulative, or exploits the inexperience of young people through the use of subliminal techniques.
With regard to prohibitions on commercial communications and sponsorships, the Code of Conduct also reiterates the prohibition on promoting and disseminating promotional content related to gambling (Article 43, paragraph 1, letter h of TUSMA, Legislative Decree No. 208/2021). The Guarantor, dispelling any interpretative doubts, has extended the prohibition to content conveyed by non-traditional advertising figures, such as relevant influencers. This is a concrete step towards strengthening transparency and consumer protection, especially for minors, with regards to advertising content in the field of so-called 'infotainment'.
The confirmation of the ban on promoting and disseminating promotional content related to gambling contained in the AGCOM Guidelines follows on from the regulatory framework already provided for by Decree Law 87/2018, converted with amendments by Law 96/2018, the so-called Dignity Decree, which, in addition to provisions on employment contracts, relocations, and gambling, has laid down specific measures for the protection of minors, specifically in relation to gambling advertising.
The Decree has banned all forms of advertising, even indirect, relating to games or betting with cash prizes, and applies to all media, including TV, radio, newspapers, the internet, social media, sponsorships, and sporting events.
In recent years, AGCOM has already fined digital platforms such as Google and Twitch over €2 million for promoting slot machines, scratch cards, and sports betting on video channels, and has imposed sanctions on influencers and video creators active on X, Twitch, YouTube, and other platforms for promotional messages disseminated in violation of Article 9 of the Dignity Decree.
Resolution No. 197/25/CONS, in reiterating the ban on promoting gambling in any form, has also clearly and unequivocally included the activities of influencers, who are required to comply with the AGCOM Code and are subject to heavy financial penalties in the event of violation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
