In this article we discuss AGCOM and influencer marketing: learn about the new code of ethics for influencers: obligations, sanctions and to whom it applies. All the guidelines for businesses.
In the digital communication landscape, the world of influencers has also become increasingly central to companies investing in digital marketing.
The rapid growth ofinfluencer marketing has made regulation that protects both users and the marketplace essential.
In this context, AGCOM recently approved a code of ethics and specific guidelines, introducing stringent rules for transparency, protection of minors and respect for fundamental rights.
This article, dedicated to entrepreneurs and business owners, provides a detailed overview of regulatory changes and their impact for those working with digital creators.
1. Who is AGCOM?
AGCOM, which stands for Autorità per le Garanzie nelle Comunicazioni, is the independent body created by the Maccanico Law in 1997 with the aim of regulating the telecommunications, media and communications sector in Italy. Its main mission is to ensure:
- The freedom of communication
- The plurality of the media
- The protection of citizens and consumers
- The smooth operation of communications markets
AGCOM performs monitoring, regulatory and sanction functions, overseeing not only radio and TV, but also the Internet and, as of today,influencer marketing.
Responds to Parliament and actively participates in updating regulations to adapt to digital developments.
2. Why it was decided to implement a code of ethics
In recent years, the influencer phenomenon-pushing a booming advertising market-has raised questions about the fairness of communications, the protection of minors, and respect for social values.
The main factors that led to the creation of a code of ethics are:
- Exponential growth of influencers and their influence on consumer choices
- Increased presence of self-produced audiovisual content shared via social platforms
- Need to bridge the regulatory gap between traditional media (TV, radio) and digital media, ensuring equal protection for users and the market.
- Response to media cases that have shown the weakness of a regulatory framework that is too “free” for new audiovisual media services (such as the Ferragni-Balocco case that ignited public and institutional discussion about responsibilities in digital marketing).
- Need to standardize transparency in advertising messages and prevent hidden or misleading advertising phenomena.
- Protection of vulnerable groups-especially minors-from risks related to new digital languages.
With this in mind, AGCOM promoted the creation of a technical table, involving industry players, associations, advertising self-regulatory institutes and influencer intermediaries.
3. AGCOM and Influencer Marketing: what the code of ethics provides for.
The guidelines and Code of Ethics represent a true regulatory watershed:
Target subjects
The Code of Ethics applies to relevant influencers, both natural and legal persons, both real and virtual, who operate in the field ofinfluencer marketing and exceed the thresholds below:
- Those who have at least 500,000 followers on a social platform
- Or reaches a monthly average of 1,000,000 views on at least one platform.
These creators will have to register within six months in an official list published by AGCOM, kept up-to-date and publicly searchable.
However, the regulatory profile also has indirect effects on:
- Companies, brands and agencies working with digital influencers
- Influencer marketing intermediaries (media centers, media agencies, influencer management platforms)
- Users and the public, who will now have clear tools to recognize risky advertising messages and content
Importantly, although the rules are directly binding only on “relevant” creators, they also represent a new standard to which the entire industry, including micro- and nano-influencers, will have to align in order to be perceived as professional and transparent.
Areas regulated by the Code of Ethics
- Full editorial responsibility: Relevant influencers are assimilated to television broadcasters and are held accountable for published content as true digital publishers.
- Transparency and recognizability: Commercial communications should always be clearly signaled, with references to regulations such as the “Digital Chart” of the Institute of Advertising Self-Discipline. It is mandatory to indicate collaborations and sponsored content.
- Protection of minors and vulnerable groups: Prohibited to cause physical or moral harm to minors, exploit their inexperience, or manipulate the confidence of younger audiences.
- Countering misinformation and hate speech: Duty of fairness and impartiality, respect for human dignity, and countering hate speech.
- Protection of intellectual property: Prohibition of copyright and copyright infringement in content disseminated by influencers.
- Traceability and monitoring: Compliance verification systems and periodic monitoring by the authority
- Penalties: In case of violations, there are fines of up to €250,000, which can go up to €600,000 if the violation concerns the protection of minors or fundamental rights.
- Identification requirements: The influencer must specify his or her name, company name, virtual status, if any, and the words “influencer on AGCOM list” on the relevant social profile.
A regulatory framework comparable to TV
These rules lead the industry to have obligations similar to those of national TV networks.
Relevant influencers, in fact, take responsibility for protecting users, minors, fragile categories and the market, making the industry more mature, safe and professionalized.
AGCOM influencer guidelines: implications for businesses
For entrepreneurs investing ininfluencer marketing, the new regulations entail:
- More security in advertising compliance and brand protection
- Greater transparency of commercial communications
- Obligation to select influencers compliant with new AGCOM guidelines
- Reducing the risk of penalties related to surreptitious advertising, failure to protect minors, or content that violates fundamental rights
Corporate reputation and regulatory compliance are strategic assets in digital marketing today.
Being up-to-date on AGCOM influencer guidelines is no longer a plus, but a necessity to protect one’s investments and brand positioning.
The approval of the code of ethics represents a historic milestone in the regulation of digital audiovisual media services in Italy.
The new rules will ensure a fairer, more transparent and safer market for both creators and businesses.
Taking a proactive approach, keeping up to date and choosing partners who are aware of the new guidelines, is the winning strategy for any entrepreneur who wants ethical and effective digital marketing.
