Guide to Advertising and Influencer Marketing Rules

In today’s digital landscape, commercial communication must follow precise rules of transparency and fairness.

We had the great opportunity to participate in the Responsible Influencer Marketing Training offered by the Italian Advertising Self-Regulation Institute (IAP), obtaining the related certificate after passing a final verification test.

The Self-Regulation System and AGCOM’s Role

Advertising regulation is based on a “dual track” that combines private self-regulation and public oversight:

• Self-regulation (IAP). Industry operators (companies, agencies, media) follow the Commercial Communication Self-Regulation Code, which defines ethical and behavioral standards. This code is binding for those who accept it and, in fact, for Italian communication in general.

• AGCOM and the new Code of Conduct. AGCOM has introduced Guidelines and a specific Code of Conduct for influencers, recognizing them as having editorial responsibility similar to that of audiovisual media service providers. The Authority has also integrated IAP’s Digital Chart Regulation into its regulatory framework.

Who is a “Relevant Influencer”?

According to AGCOM, influencers must comply with specific obligations if they exceed certain thresholds:

• At least 500,000 followers on one platform or 1 million average monthly views (calculated over 6 months).
• An average engagement rate above 2% (implicit in the concept of relevance, but the text specifies numerical thresholds for followers/views).
• These individuals must register in a dedicated AGCOM register (by February 6, 2026 for those already active).

Transparency: The Disclosure Obligation

The fundamental rule is that every advertising message must be immediately recognizable as such. The commercial nature cannot be disguised. So when should “disclosure” be included?

The advertising nature must be declared if:

• There is compensation. Influencers receive money, gifts, discount codes or other benefits.
• There is brand control. The company has approved or suggested the content published by the influencer.

How to signal Advertising (Digital Chart)

Advertising disclosures must be clearly visible, at the beginning of posts/videos and without requiring additional clicks. Key points:

• Paid collaboration. Use hashtags/disclosures such as “advertising,” “#adv,” “#sponsored.”
• Products received as gifts. Use “product sent by…” or “gifted by…”
• Affiliate links. Use “affiliate link.”
• Videos. The text must appear as an overlay in the opening scenes and in the description.

Principles of Responsible Advertising

Beyond transparency, content must respect three key ethical principles:

• Legality, meaning compliance with national laws. It is prohibited to advertise tobacco, gambling, prescription drugs and, in Italy, infant formula.

• Honesty and truthfulness, because it is forbidden to deceive the public about characteristics, prices or effects of the product. Advertisers have the burden of proving the truthfulness of claims.

• Non-offensiveness, understood as respect for human dignity, with a prohibition on discrimination and incitement to violence or hatred. It is forbidden to exploit fear, superstition or public credulity.

Protection of Minors and Sensitive Sectors

The protection of minors is a priority. Influencers must not publish content that could harm the physical, mental or moral development of minors. The discipline includes:

• Absolute prohibition on disseminating seriously harmful content (gratuitous violence, pornography, etc.);
• If filters are used that modify appearance in ways that could affect minors’ development by spreading unrealistic models, this must be indicated with texts such as “retouched photo” or “filters”;
• Regarding alcohol, communication must not target minors or encourage excessive use. Social platforms must be set to limit minors’ access to such content;
• Flashing lights must be signaled to protect viewers’ health.

Sanctions and Oversight

Failure to comply with the rules has serious consequences: AGCOM can apply financial penalties from €10,000 to €250,000 (up to €600,000 for serious violations regarding minors).

IAP, through its Jury, can order immediate cessation (withdrawal) of incorrect messages. Decisions are published online to ensure transparency.

There are also reports, as anyone (consumers or associations) can report violations through free online forms.

In a constantly evolving digital ecosystem, transparency and responsibility are not optional, but the essential condition for building community loyalty and truly valuing the work of brands and creators.