Resolution No. 197/25/CONS – New Obligations for Influencers and Brands
Resolution No. 197/25/CONS issued by the Authority for Communications Guarantees (AGCOM) has introduced a structural change in the regulation of influencer marketing in Italy.
For the first time, influencers who exceed certain size thresholds are treated on a par with providers of on-demand audiovisual media services, with the direct application of the Consolidated Law on Audiovisual Media Services (TUSMA – Legislative Decree 208/2021).
This represents a significant transformation: the influencer’s activity is no longer governed solely by consumer law and advertising transparency rules, but now falls within a system of full editorial responsibility, with significant obligations and regulatory risks.
Service Specifics:
Who is subject to the new regulations
The regulations apply to “relevant influencers”, meaning those who:
- have at least 500,000 followers on a single platform, or
- record an average of 1,000,000 monthly views over the past six months.
Exceeding the threshold on even a single platform triggers the application of the regulations across all platforms used.
Main obligations under the regulations
Relevant influencers are required to comply with TUSMA provisions concerning:
- immediate recognisability of commercial communications
- prohibition of hidden or misleading advertising
- regulation of sponsorships and product placement
- protection of minors
- respect for human dignity
- prohibition of discriminatory content or incitement to hatred
- restrictions on tobacco, gambling, prescription medicines, and alcohol
There is also a mandatory notification requirement to AGCOM via a dedicated form, with inclusion in a public register of regulated parties.
Regulatory risks and penalties
Violations may lead to the initiation of administrative proceedings and the imposition of significant financial penalties.
The areas of greatest exposure concern:
- failure to disclose the promotional nature of content
- promotion of prohibited products
- content that violates human dignity or fails to comply with child protection standards
Primary liability falls on the influencer, but contractual and reputational liability for the brands involved cannot be excluded.
Assistance from Studio Legale Zanfagna
Studio Legale Zanfagna offers specialist assistance in the following areas:
- Personalised legal opinions on the applicability of AGCOM regulations
- Assessment of whether size thresholds have been exceeded
- Analysis of the operational model and degree of editorial responsibility
- Drafting and review of contracts between influencers, agencies, and brands
- Drafting of compliance clauses (advertising transparency, indemnification, content compliance)
- Support with the AGCOM notification procedure
- Assistance in enforcement proceedings
The goal is to prevent regulatory risk through a structured compliance approach, ensuring legal protection and operational continuity.
A new regulatory landscape for influencer marketing
Resolution No. 197/25/CONS does not represent a restriction on digital freedom, but rather an adaptation of the legal framework to a sector that has now become established and professionalised. In a context where influencer marketing has an economic and social impact comparable to traditional media, the proper management of regulatory obligations becomes a strategic element in protecting both the activity and the reputation of those involved. To request a legal opinion or dedicated consultation, please contact the firm via the form on the website or through the contact details provided.
