The document adopted by Agcom—a code of conduct and guidelines—does not close the game of influencer regulation, but rather is a clear opening towards a scenario of clearer, shared rules that are, above all, capable of keeping up with changing times. Let's see why and what the effects are.

Edited by Ilaria Gargiulo, Partner at AMTF Avvocati

The Italian Communications Authority (AGCOM) has announced the adoption of guidelines and a code of conduct for influencers, thus concluding an initial public consultation process involving operators in a sector that has long called for regulation through soft law measures.

This step, shared with key stakeholders, has certainly represented and continues to represent a further and very important step towards overcoming some of the legal uncertainties that have emerged in recent years, first and foremost by recognizing the professional role of influencers and, consequently, clarifying their obligations and responsibilities.

AGCOM Code of Conduct for Influencers
In presenting the Code of Conduct in a press release, the Authority confirms that influencers are communication professionals in the broadest sense, including areas that are not limited to entertainment but also include information and dissemination activities. This is why influencers are considered so important that they have been equated – in certain respects and under certain conditions – with audiovisual media services and are therefore subject to some of the rules created specifically for TV and radio broadcasters.

The Code of Conduct was created to supplement the content of the Guidelines and guide operators in complying with them and with the provisions of the Consolidated Law on Audiovisual Media Services (TUSMA), with the aim of ensuring greater transparency and consumer protection, thereby strengthening the editorial responsibility of influencers who disseminate advertising, informational, or socially relevant content.

Guidelines on influencers: a joint effort between institutions and the private sector
The guidelines are the result of an intense working group coordinated by AGCOM, which saw the participation of trade associations, digital operators, communication and legal experts, as well as representatives of social platforms and agencies. Among these entities is Assoinfluencer, which has helped to give a voice to the category of workers who operate daily within the Creator Economy, promoting a pragmatic approach and representing the needs of those who want to run a sustainable, responsible, and valuable business.

This joint effort is a prime example of virtuous co-regulation, where public intervention and the ability to look at the regulatory picture as a whole are integrated with the private sector's ability to identify business needs and, above all, with practical implications for everyday practice. The advantage lies in promoting the formalization of shared principles and standards, designed to be effective without stifling the creativity and innovation that characterize the world of influencers, rather than rules "imposed from above."

Key points of the Guidelines and Code of Conduct
The final document is divided into two parts: General Guidelines and Code of Conduct, which applies to "significant" influencers, i.e., those with 500,000 followers or one million views. The key points can be summarized as follows:

Transparency requirements in commercial communication
It is reiterated that influencers must clearly and immediately recognizably indicate advertising content, using clear wording, as detailed in the Digital Chart Regulations of the Institute of Advertising Self-Regulation (now an essential reference for anyone who wants to communicate correctly online).
Specific guidelines are provided on the use of hashtags and tools made available by platforms.

Editorial responsibility for sensitive content
With regard to health, safety, child protection, and socially relevant issues, influencers must comply with the principles of fair reporting set out in audiovisual legislation.
The prohibition on promoting dangerous or misleading behavior is reiterated.

Protection of minors and combating hidden advertising
Particular attention is paid to content intended for an audience under the age of 18, with stricter rules to prevent subliminal or misleading messages (and increased penalties for violations of these rules, up to €600,000 compared to €250,000 for general rules).


monitoring and reporting system AGCOM will activate a simplified reporting platform for users and consumer associations, in order to make enforcement more effective.
Influencers will be identified in an official list managed by AGCOM, which must be registered within six months of the publication of the Code.

Why the AGCOM code on influencers is an important step
The new AGCOM Code comes at a time of exponential growth in the influencer marketing market, which in Italy is now worth hundreds of millions of euros a year and generates employment opportunities and value for individual content creators, companies, and public administrations alike.

With this intervention, AGCOM positions itself as a vigilant regulator, favoring an approach based on soft law and guided self-regulation that can—indeed, must—evolve over time with the contribution of operators and industry stakeholders themselves in order to provide a clear framework capable of adapting to the inevitable changes inherent in the dynamics of the Creator Economy.

Adhering to the Code is an opportunity for professional influencers, as over time it will lead to greater marketability, constituting a real competitive advantage in that it demonstrates greater reliability towards brands and communities.

Rules for influencers: a look to the future and the role of associations
The contribution of associations—including Assoinfluencer, UPA, IAB Italia, and others—has proved particularly important in enabling working groups to translate the demands of a heterogeneous and complex world into operational guidelines. Particularly decisive was the initiative undertaken by the Institute of Advertising Self-Regulation to update the Digital Chart Regulations by the end of 2024, which made it possible to operate more easily in the first half of this year, with a clear understanding of the 'rules of the game'.

Now, the sector is preparing for the implementation phase, which will see training campaigns, workshops, and a series of initiatives to accompany creators, brands, and organizations that choose to integrate influencer marketing into their strategies towards full compliance.

However, the approval of the Code of Conduct is only a first step. In fact, AGCOM has already announced that, within six months, it will begin monitoring the application of the Guidelines to assess the need for any corrective measures. At the same time, a European dialogue will also be launched to harmonize these rules with the standards that are emerging in other EU countries and as a result of the Digital Services Act.

In short: the document that has been adopted does not close the game of influencer regulation, but rather is a clear opening towards a scenario of clearer, shared rules that are, above all, capable of keeping up with changing times. All this is for the benefit of a more sustainable ecosystem for both consumers and virtuous operators, in the name of transparency and responsible value creation.

The challenge
The main challenge now is to test the effectiveness of these rules, in the name of that delicate balance of checks and balances between guarantees, protections, and the innovative drive that has made and continues to make the Creator Economy one of the most dynamic phenomena in digital communication. And, if necessary, to have the ability to promptly apply all the necessary corrective measures so as not to lose competitiveness in a growing sector.

Source: Digital Agenda