It is well known that the growing importance of the influencer in the distribution of products through Internet (the so-called influencer marketing).
In this framework, the Italian Communications Authority (AGCOM) has marked an important turning point in the Italian digital landscape, by definitively approving the “Guidelines” and “Code of Conduct” dedicated to influencers, who must in any way comply also with the rules on advertisement and distance sales.
The approval, which took place with Resolution No. 197/25/CONS of July 23, 2025, is is an initiative that aims to bring clarity, transparency, and accountability to a constantly evolving field, protecting both consumers and the market. The new rules apply to a specific group of persons, defined as “relevant influencers”, introducing specific obligations for them and a system of sanctions for those who do not comply with the rules.
The Authority’s measure establishes a clear and binding regulatory framework for a specific category of influencers. The new criteria apply to those influencers who, on at least one social media platform, have:
- more than 500.000 followers;
- or an average of one million views per month.
These influential figures will be included in a special list, which will be published on the Authority’s website, and they will be required to comply with a set of clearly defined rules. The measure recognizes that these professionals, by virtue of the audiovisual content they produce and disseminate, have a real editorial responsibility, comparable to that of traditional media.
The Code of Conduct focuses on three main areas:
- commercial communications: relevant influencers will have to ensure maximum transparency on posts and videos containing advertising, sponsored content will have to be clearly recognizable to avoid any ambiguity in the eyes of the public;
- protection of fundamental rights and minors: the new rules require respect for fundamental rights and particular attention to the protection of minors, prohibiting harmful or inappropriate content and promoting a safer digital environment;
- intellectual property: intellectual property protection is strengthened, with precise rules to ensure that the content used is legitimate and does not infringe copyright laws.
To ensure effective enforcement of the new rules, the Authority has established a rigorous monitoring and verification system. Those who fail to comply with the Code of Conduct will face sanctions, thus ensuring the effectiveness of the measure.
Article by VENTURELLO E BOTTARINI, AVVOCATI (Italy)
