After Ferragni case the hold ofAGCOM an influencer. Yesterday, the Council of the Communications Regulatory Authority held unanimously approved guidelines aimed at ensuring compliance by digital entrepreneurs with the Consolidated Law on audiovisual media services.
“The growing relevance and diffusion of the activity of influencers defined as subjects who create, produce and disseminate audiovisual content to the public, over which they exercise editorial responsibility, via platforms for sharing videos and social media” – we read in the press release – “have urged the Authority to intervene".
Influencers will clearly have to indicate the advertising nature of the contents with a readily and immediately recognizable writing. The rules include provisions for commercial communications and the protection of personal rights, with a system of warnings and orders to remove or adapt content. The expected fines are very high. In case of sanctions there is a risk penalties of up to 600 thousand euros.
Create a code of conduct
The Guidelines provide for the launch of a technical table for create a code of conduct that establishes measures for influencers. This code, compliant with the principles of the Guidelines, will include systems for guarantee transparency and recognisability of influencers, making them easily identifiable and contactable.
The Technical Roundtable will include participants outside the traditional regulatory scope of the Authority, such as those from the influencer marketing sector. In addition to influencers, it will also involve intermediaries who facilitate relationships between influencers and companies. This inclusion will allow us to consider the needs of these subjects and guide their actions towards compliance with the rules, using good practices in the sector.
How to identify who is an influencer
The guidelines yes apply to influencers in Italy who produce and disseminate audiovisual content with editorial responsibility via video sharing platforms and social media. They are particularly intended for those who have:
- at least one million followers
- they publish at least 24 pieces of content per year
- have an average "engagement rate" of 2% or higher (i.e. that have elicited reactions from users, through comments or likes, in at least 2% of the contents published)
Social economy: a 250 billion dollar market
The Agcom Commissioner, Massimiliano Capitanio, its LinkedIn, underlined that the new rules were already under discussion before the Ferragni case and that it is more than a tightening "principles of transparency, respect and common sense to be shared with the creators themselves in a special technical table and which will be good for everyone, starting with the many young people who have found a healthy and creative way to work in social media".
The Agcom guidelines derive from one public consultation launched in July, before the explosion of the Ferragni case. This underlines theimportance of rules in a sector (that of the social economy) that generates around 350 million euros per year in Italy (2023 data) and 250 billion dollars worldwide and which, according to an estimate by Goldman Sachs, will rise to 480 billion in 2027.
