AGCOM and influencers: FAQs bringing rules into practice

On 16 March 2026, the Italian Communications Authority (AGCOM) published two supporting documents aimed at facilitating the correct application of the Authority’s Guidelines and Code of Conduct (referred to in Resolution 197/25/CONS) concerning influencers and audiovisual commercial communications.

In particular, alongside Annex A – which provides a systematic summary of the relevant legislative and regulatory sources governing both substantive and procedural aspects relating to the Authority’s obligations and powers – a dedicated guide (Annex B) has also been published, which instead contains a series of FAQs aimed at clarifying the application of existing obligations on online commercial communications by influencers.

As expressly stated by the Authority, such document does not introduce any new requirements, but merely provides interpretative and operational guidance, forming part of the framework set out by the TUSMA and the IAP Digital Chart Regulation, and complementing the already adopted Guidelines and Code of Conduct.

The issue

The regulatory framework governing advertising transparency has already been established under Italian law. The critical issue lies, rather, in its practical application in a context, such as social media, which is characterised by a progressive overlap between editorial content and commercial communication.

In such a scenario, there is a risk that the disclosure obligation, although formally complied with, may be substantially circumvented, through information placed in non-immediately visible positions, ambiguous wording, or the use of the platform-native tools instead of clear and explicit communication. The aim of the FAQs is therefore to reduce such areas of uncertainty, ensuring proper compliance with the applicable rules.

Who is subject to the rules

The Annex defines as an influencer any person who creates or selects content intended for an online audience, exercising editorial control and deriving an economic or other benefit from such activity.

The status of “relevant influencer” instead applies upon reaching at least 500,000 followers (measured on the 30^th day prior to the publication of the promotional post) or 1 million average monthly views on a single platform. For such subjects, additional obligations apply, including registration in the register kept by AGCOM.

However, influencers below the threshold, although not subject to the registration obligation, remain fully bound by the rules on transparency and fairness.

Disclosure procedures

The key principle is that any content with a promotional purpose must be immediately recognisable as such.

Advertising exists whenever there is a benefit, even non-economic, linked to the visibility of a brand, product or service. This calls for clear, explicit and unambiguous wording such as “Advertisement”, “AD” or equivalent terms.

Operational procedures vary depending on the format but follow a consistent principle: the information must be perceivable without requiring action from the user.

These methods follow a consistent logic: the information must be perceivable without any action by the user. For example, in posts, the indication must appear at the beginning of the caption; in videos, both as on-screen overlay in the first scenes and in the description; in stories, on each individual piece of content; and in live streams, continuously and repeatedly.

Furthermore, where social media platform rules differ from legal rules the latter prevail, and in case of doubt the most cautious approach is adopted.

The absolute prohibitions laid down by the legislation obviously remain in force, including those relating to gambling, tobacco products and prescription-only medicines. In addition, strengthened obligations regarding the protection of minors remain in place, prohibiting any form of exploitation of their inexperience or their representation in inappropriate contexts.

Common cases

The FAQs address certain situations frequently encountered in practice. For example, gifting, consisting of the receipt of free products, requires, the indication “gifted by” or equivalent. With regard to events, a distinction must be made between participation within a promotional relationship, which requires the use of wording such as “AD” – and a simple invitation, for which “invited by” is sufficient.

Of particular interest is the clarification, also contained in the FAQs, that in the case of commissioning relationships between influencers and brands for content creation, expressions such as “in collaboration with / in partnership with” are not considered appropriate because they do not make the advertising nature clear.

The disclosure obligation also extends to content published after the event, where the brand remains identifiable.

The Annex also specifies that, even after a collaboration has ended, it is advisable to maintain the disclosure for a reasonable period, indicatively three months, where the content remains associated with the brand. However, self-promotional content is excluded when the commercial purpose is immediately evident, as are spontaneous charitable initiatives without any benefit or form of solicitation.

Risk profiles for brands

Covert advertising is the main risk area. Content that appears neutral but includes strongly positive tones, repeated product exposure, or calls to action may constitute a breach in the absence of adequate disclosure. The risk does not concern only the influencer, but also the commissioning brand.

Concluding remarks

Although not regulatory in nature, the FAQs are of paramount importance as they define, with increasing precision, the interpretative approach that the Authority will adopt in assessing specific cases, turning already established principles into operational criteria that are difficult to evade.

For influencers, brands and agencies, this is no longer merely a formal update, but a substantive check of existing practices. The resulting framework combines existing obligations with increasingly detailed operational guidance, significantly reducing ambiguity, with a corresponding rise in the risk of regulatory scrutiny.

FAQs, Guidelines and Code of Conduct for Influencers (Annex B – AGCOM)

To facilitate the correct application of the Guidelines and Code of Conduct of the Italian Communications Authority (Resolution 197/25/CONS), the Authority has issued supplementary documents designed to meet the needs of the various target audiences.

In particular, Annex B (FAQ – Guidelines and Code of Conduct for Influencers) provides practical guidance for the uniform application of rules on advertising transparency, protection of minors, and user protection in audiovisual content distributed on social media. These rules are framed within the Consolidated Act on Audiovisual Media Services (TUSMA), the IAP Digital Chart Regulation, as well as the aforementioned Guidelines and Code of Conduct. These guidelines are purely indicative and non-binding, and the Authority retains the power to assess individual cases.

From a subjective perspective, an influencer is any person who creates or selects content intended for an online audience, exercises editorial control, and receives a financial or other benefit (money, products, services, or other advantages). The status of “relevant influencer” applies upon reaching at least 500,000 followers (measured on the 30^th day prior to the publication of the promotional post) or 1 million average monthly views on a single platform, resulting in additional obligations. It should be noted that even those below the threshold are fully required to comply with transparency and fairness rules; however, unlike relevant influencers, they are not required to register in AGCOM’s Register of Influencers.

As regards the practical application of advertising rules, the central principle is that any content intended for promotional purposes must be immediately recognisable as such. Advertising exists whenever there is a benefit – even if non-financial – linked to the visibility of a brand, product or service.

In such cases, explicit and unambiguous wording such as “Advertising”, “AD” or equivalents must be used. Phrases such as “in collaboration with” are not considered sufficient to make the commercial nature clear. Similarly, simply tagging the brand, including links, or using platform-native tools is not sufficient in the absence of a textual disclosure that is immediately visible.

The method of disclosure varies depending on the content format but follows a consistent principle: the information must be visible without any action from the user (specific cases are detailed in the summary table below). In summary, in posts the disclosure must appear at the beginning of the caption; in videos, both as on-screen overlay in the first scenes and in the description; in stories, on each individual piece of content; and in live streams, continuously and repeatedly.

Furthermore, the Annex clarifies that, if platform rules do not align with transparency rules, both must be complied with; in particular, the provisions of the law and the Code prevail and must always be respected. In the event of a discrepancy, the clearest and most cautious solution applies (for example, platform tools plus text disclosure).

Particular attention is also required in cases of gifting, participation in events, or offered experiences. Products received free of charge must be labelled “gifted by” or equivalent, while for events a distinction must be made between promotional relationships (requiring the use of “AD”) and simple invitations (for which “invited by” is sufficient). The same rules also apply to content published after the event, if the brand remains identifiable. As a general rule, in case of doubt, it is preferable to include disclosure in any event.

Even after a collaboration has ended, it is advisable to retain advertising disclosure for a reasonable period (approximately three months) if the content remains associated with the brand. However, self-promotional content is excluded from disclosure requirements where the commercial intent is evident, as are charitable initiatives that do not involve any form of benefit or solicitation. 

A particularly relevant issue for brands is covert advertising, which occurs when promotional content appears neutral. Elements such as strongly positive tones, repeated product exposure, or calls to action may, in the absence of clear disclosure, result in a breach.

Finally, the absolute prohibitions laid down by law (including gambling, tobacco and prescription-only medicines) and the strengthened obligations regarding the protection of minors, which prohibit any form of exploitation of their inexperience or their representation in inappropriate contexts, remain in force.

Summary table