New rules for influencers

di Paola Palazzo
il23/01/2024

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#adv, #supplied, and #gifted: how many times have we seen these hashtags in the videos and posts of our favorite influencers and content creators? Well, soon we might have to bid them farewell. The decision will be made by AgCom (Italian Authority for Communications Guarantees), which recently released new guidelines for influencers “aimed at ensuring compliance with the provisions of the Consolidated Law on Audiovisual Media Services.”

In other words, from now on, the rules contained in this document will also need to be followed by digital creators. Specifically, those affected by the Guarantor’s provisions are the “larger” influencers, namely those with at least one million followers, an average engagement rate (user reactions through likes or comments) equal to or exceeding 2 percent, and who publish at least 24 contents per year.

New rules for influencers: what changes

The focal point of the guidelines concerns commercial communications that must be disclosed to users: how? By including texts that make the advertising nature of the content recognizable and unequivocal. In essence, the aforementioned hashtags might not be sufficient anymore to ensure transparency about what influencers are showcasing in front of their smartphones, whether it’s clothing, eyeshadow palettes, or even physical locations like hotels and restaurants. Moreover, these designations are often presented in characters so small that they get lost amid a myriad of other hashtags, making it difficult for us to realize if the creator we follow is wearing an outfit because they like it or because they were paid to do so.

In reference to the Consolidated Law, influencers are asked to respect copyright and intellectual property rights, as well as obligations to protect minors that, among other things, prohibit the publication of content that can harm their physical, psychological, and moral development. As we have seen, for now, AgCom’s guidelines do not contain precise rules, but they serve as the foundation for building a proper code of conduct for influencers.

It is clear that this sudden tightening did not come about casually but follows the wave of the so-called “Pandoro-gate” that hit Chiara Ferragni and Balocco in December. The scandal has reignited the debate on how transparent influencers’ activities are, as well as the impact they have on the purchasing choices of their followers, meaning each one of us.