Italian Influencers Face Tighter Rules to Ensure Transparency and Protect Minors

Italian social media creators could soon be bound by the same rules as traditional media outlets when posting their content online. The activities of influencers are set to come under the oversight of the Italian Communications Authority (AGCOM), signaling an end to the “Wild West” era of influencer marketing. The new regulations, initially applying to content creators with more than one million followers, aim to ensure transparency in brand collaborations and protect the rights of people, especially minors. However, influencers of all sizes will need to adapt to the changes.

AGCOM’s proposed guidelines require influencers to clearly label brand collaborations and disclose their commercial interests. The failure to adhere to these regulations may result in hefty fines, with penalties of up to €250,000 (£214,450) to protect the integrity of commercial communication and fundamental rights. Furthermore, influencers will face strict consequences for incorrectly advertising collaborations with brands, particularly in situations involving minors, aiming to prevent unethical practices in influencing.

One of the driving factors behind these regulations is a recent scandal involving popular Italian influencer Chiara Ferragni. Ms. Ferragni, who has nearly 30 million Instagram followers, was fined €1.075 million for falsely claiming that sales of a pink Christmas cake would contribute to a children’s hospital in Turin. In reality, the cake’s producer had already made a separate donation to the hospital months before its launch. As a result, Italian police have announced a formal investigation into Ms. Ferragni for fraud in connection with the Christmas cake incident.

Italy’s move to enforce stricter rules for influencers aligns with similar actions taken by other European countries. France introduced legislation in June of last year that defined the role of influencers and stated that they could face jail time for violating new promotion regulations. Additionally, the European Commission announced in October that it would intensify scrutiny of the business practices and activities of influencers to ensure fair commercial practices and provide followers with transparent and reliable information.

While influencers affected by the regulations may perceive them as a restriction on their creative freedom, it is important to acknowledge the significant influence they hold over their followers and the potential impact on society. The regulations aim to instill accountability and trustworthiness in the influencer industry, protecting the interests of both brands and consumers. By requiring influencers to disclose commercial interests and properly advertise collaborations, the new rules provide transparency and prevent deceptive practices. Additionally, the specific focus on safeguarding minors ensures responsible content creation and protects vulnerable individuals from potentially harmful influences.

However, it is essential for AGCOM and other regulatory bodies to strike a balance between enforcing regulations and allowing influencers to express their creativity and individuality. Excessive restrictions may hinder innovation and advertising effectiveness, potentially leading influencers to seek alternative platforms or strategies to reach their audiences. Furthermore, clear and comprehensive guidelines must be provided to influencers to ensure their understanding and compliance with the new regulations.

In conclusion, the tightening of rules for Italian influencers represents a significant development in the influencer industry. By subjecting influencers to the same regulations as traditional media outlets, Italy aims to foster transparency, accountability, and the protection of minors. While these rules are vital for safeguarding consumers and maintaining ethical influencer practices, it is crucial for regulatory bodies to strike the right balance to avoid stifling innovation and creativity within the industry. The implementation of clear guidelines will be essential to ensure successful compliance and a smooth transition for influencers in adapting to the new regulations.