Following a public consultation launched on July 21, 2023, on
January 16, 2024, the Italian Communications Authority
(“AGCOM”) published a
resolution1 containing guidelines for influencers
that specifically address when and how influencers are subject to
the regulations set forth by the Audiovisual Media Services
Code2 (hereinafter the
“TUSMA”).
Guidelines were needed on this topic because advertising content
published by influencers, who control the creation, production, and
organization of such content, increasingly is circulating on social
media platforms.
The AGCOM guidelines state that influencers meeting certain
requirements should be regarded as audiovisual media service
providers under the TUSMA and identifies the provisions of the
TUSMA with which influencers must comply. These include general
principles and specific provisions, most of them regarding
protection of minors, protection of fundamental rights, commercial
communications, and product
