Sanctions from 10 thousand to 250 thousand euros regarding advertising transparency and from 30 thousand to 600 thousand regarding child protection obligationsa detailed list of topics that are not recommended or explicitly prohibited, a more precise definition of the parameters according to which one can be defined as an influencer: the Communications Guarantor has put in black and white the limits that should regulate the communication (not just advertising) made on social networks.
The rules are not yet precise nor are they even a point-by-point decalogue but they are nevertheless a significant list of the guidelines that emerged from the AgCom meeting held on 10 January with the representatives of the various categories that are part of this world. Which from now on they will all have to refer to Consolidated Law on Audiovisual Media Services as it already does who works on YouTube (we wrote about it here on Italian Tech).
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I parametri: follower ed engagement
Il reference to Unique text is critical to understand that there is therefore a more or less explicit ban on content that spreads violencehate discrimination or an incorrect representation of the female figure. Again: no to the so-called too secondary victimizationwith elements capable of making the victim co-responsible for hate, damage to human dignity, apology or incitement to crimes, respect for minors and ban on publishing content that could damage their physical, mental and moral development.
According to what was written by Agcom, influencers carry out “an economic activity”have “editorial responsibility for the contents, which includes effective control over the creation, selection or organization of the same”, provide a service that “has a significant impact on a significant portion of the public” and “a stable and effective link with the Italian economy”.
As already anticipated in recent days, the guidelines apply to influencers who have at least one million followers on the various platforms or social media (however, it is not specified which) and have exceeded a value of on at least one platform average engagement equal to or greater than 2% (the previous and imprecise definition of this parameter has rightly disappeared from the document).
Fines: up to 600 thousand euros
Always based on the guidelines, those who communicate on social media must avoid the use of subliminal techniquesboth in information or entertainment and commercial content, comply with the rules regarding commercial communications, teleshopping, sponsorships and product placement, do not do hidden advertising and comply with the relevant regulations of the AgCom and the Advertising Self-Discipline Institute, also “by superimposing a writing that makes the advertising nature of the content immediately recognisable”.
Again: the various subjects they will have to “guarantee the truthful presentation of the facts” and “verify the correctness and objectivity of the information also by mentioning the sources”, as well as combating “online disinformation”, which is an extremely important indication, especially in these complex years from this point of view.
Furthermore, influencers who fall into the category considered by AgCom are also required to comply with the relevant regulations Copyright and intellectual property.
For the first time we are talking about sanctions in case of violationswhich in the end are those already foreseen by the Unique text: as mentioned, they range from 10 thousand to 250 thousand euros for advertising transparency and from 30 thousand to 600 thousand euros for obligations to protect minors.
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What happens now?
It must be clear that these guidelines they are a starting point and not an arrival point: a dedicated technical table will now be established, in which influencer associations, video sharing platforms, social media and influencer marketing agencies will participate, which will serve to “define with one or more codes of conduct the further measures and methods aimed at ensuring compliance with the rules”.
The code will also have to provide transparency and recognisability systems of influencers: in particular, as explained by AgCom, the sender (if an object is supplied, by whom?) or creator of the video must be clearly identifiable and contact information must be available.
As per practice, in 30 days anyone interested can ask to join the technical table ed within 60 days work will begin and will be completed within 120 days of settlement.
@capoema