[Guest Post] Oh My Influencer! Italian Rules on Influencer Marketing

Key Takeaways

• AGCOM rules treat influencers as audiovisual media services under TUSMA
• Disclosure, minors protection, and IP compliance now mandatory for influencers
• Platforms must offer tools to flag sponsored content but aren't editorially liable
• Italy leads EU with dedicated influencer law; France follows with similar legislation
• Non‑compliance risks copyright infringement, trademark violation, and monetary fines

Pulse Analysis

Influencer marketing has exploded across Europe, but Italy is the first EU member to codify the sector with a dedicated legal framework. AGCOM’s Regulation No. 197/25/CONS, aligned with Directive 2018/1808 and Italy’s TUSMA decree, treats qualifying creators as on‑demand audiovisual services. This classification forces influencers to adopt transparent labeling, adhere to child‑protection standards, and secure rights for any third‑party content they embed, effectively extending traditional broadcast obligations to the social‑media sphere.

From an intellectual‑property standpoint, the new rules tighten the leash on trademark misuse and copyright infringement. Influencers who incorporate brand logos, music clips, or video excerpts must obtain proper licenses, or risk liability under Italy’s 1941 copyright law and potential unfair‑competition claims. Meanwhile, platforms are required to provide built‑in disclosure mechanisms, yet they remain insulated from editorial responsibility, leaving the primary burden on the creator. This split enforcement model encourages both proactive compliance tools and vigilant monitoring by rights holders.

Italy’s approach is rapidly influencing EU policy debates. France’s 2023‑451 law mirrors many of Italy’s provisions, signaling a continental shift toward formal regulation of the creator economy. Brands operating in Europe must now navigate a patchwork of national rules, the Digital Services Act, and consumer‑protection directives, all of which converge on the same goal: transparent, lawful advertising. Early adopters who embed compliance into their influencer contracts will gain a competitive edge, while laggards risk fines, reputational damage, and disrupted campaigns.