AGCOM’s New Guidelines: Regulating Influencer Advertising in Italy

Introduction:

In February 2024, the Italian Authority for Communication Guarantees (AGCOM) unveiled a new set of guidelines aimed at regulating the burgeoning realm of influencer advertising within the country. These guidelines are meticulously crafted to ensure that influencers adhere to the provisions outlined in the consolidated law governing audiovisual media services.

Scope of the Guidelines:

The ambit of these guidelines encompasses influencers operating in Italy who satisfy the following criteria:

– They command a following of at least one million across diverse platforms.
– They have consistently surpassed an average engagement rate of 2% or more on at least one social media platform.

Key Provisions of the Guidelines:

The guidelines meticulously address several pivotal areas, including:

1. Commercial Communications:

– Influencers are duty-bound to disclose any commercial relationships they may have with brands or companies in a manner that is both conspicuous and unambiguous. This entails displaying a prominent inscription that unequivocally highlights the promotional nature of the content.

2. Protection of Fundamental Human Rights:

– Influencers are categorically prohibited from promoting content that incites hatred, discrimination, or violence. Additionally, they are obligated to uphold the privacy and dignity of individuals.

3. Safety of Minors:

– Influencers are strictly forbidden from promoting content that could potentially harm or endanger minors. This encompasses content that promotes unhealthy eating habits, negative body image issues, or risky behaviors.

4. Values of Sport:

– Influencers are barred from promoting content that undermines the fundamental values of sport, such as fair play, integrity, and respect for opponents.

Enforcement Mechanism:

AGCOM is vested with the authority to enforce the guidelines through a range of measures, including:

– Issuing formal warnings
– Directing influencers to remove or modify non-compliant content
– Imposing substantial fines

Significance for the Health and Nutrition Industry:

Social media influencers wield considerable influence in promoting health and nutrition products, particularly among younger consumers. The implementation of these new guidelines is anticipated to have a profound impact on the manner in which influencers promote such products.

Luca Bucchini, Managing Director at Rome-based regulatory consultancy Hylobates Consulting, underscores the pivotal role influencers play in the health and nutrition industry. He emphasizes that many younger consumers rely on social media as their primary source of information regarding health and nutrition, making misinformation a significant concern.

Bucchini further notes that the new guidelines are part of a broader trend toward increased regulation of influencer advertising across Europe. He opines that more member states will likely adopt a similar approach, treating influencers with substantial followings akin to mass media outlets.

Potential Implications for Other Member States:

The introduction of these guidelines in Italy is likely to have a ripple effect across Europe. It is highly probable that other member states will follow suit, implementing analogous regulations to govern influencer advertising within their respective jurisdictions.

In March 2023, the French consumer affairs and fraud control watchdog took decisive action against online influencers, declaring its authority to impose fines of up to €300,000 and prison sentences of up to two years. This move was prompted by the discovery that the majority of influencers were not adhering to existing regulations.

In October 2023, the European Commission announced its intention to intensify the scrutiny of influencer business practices and activities. The Commission emphasized that digital content creators must “follow fair commercial practices, and their followers are entitled to transparent and reliable information.”

Conclusion:

The AGCOM’s new guidelines represent a monumental step toward regulating influencer advertising in Italy. These guidelines are poised to have a transformative impact on the way influencers promote products and services, particularly in the health and nutrition industry.