In Italy, advertising practices are primarily regulated by the Consumer Code (Legislative Decree No 206/2005), and Law Decree No 147/2005 on comparative advertising. The Consumer Code transposes EU Directive 2005/29 into the Italian national legal system and applies to B2C advertising, prohibiting both misleading and aggressive commercial practices that could distort consumers’ economic behaviour. Decree No 147/2005 provides for the same discipline but applied to B2B relationships. The same practices may be sanctioned also under the unfair competition (passing-off) tort pursuant to Article 2598 Italian Civil Code.

Sector-specific norms exist for industries such as pharmaceuticals, food and beverages, financial and insurance services or for influencer marketing, nutrition and health claims or prize contests and promotions.

Beyond state regulation, Italy has a system of advertising self-regulation which is part of the EASA (European Advertising Standard Alliance). The Italian Advertising Self-Regulation Authority (IAP) applies the Code of Marketing Communication adopted for the first time in 1966, now in its 71st edition (the “IAP Code of Marketing Regulation” or “IAP Code”).

Regulatory authorities charged with enforcement of laws and regulations governing advertising practices are as follows.

• AGCM (Autorità Garante della Concorrenza e del Mercato), the Italian Competition Authority, is the administrative authority responsible for enforcing the Consumer Code’s provisions on unfair commercial practices. It can investigate, issue sanctions (including fines up to EUR10 million), and order to stop or modify unlawful advertisements.
• Specialised sectoral regulators, such as AGCOM (media), AIFA (pharmaceuticals), IVASS (insurance), CONSOB (financial services) and Ministry of Health (food, health products), may intervene when advertising touches upon their areas of competence, providing their opinion.
• Compliance with the IAP Code of marketing regulation is granted by a review board and a jury, an independent body that evaluates complaints regarding marketing communication allegedly breaching the IAP Code of Marketing Regulation.

Liability for misleading or unlawful advertising in Italy can fall on multiple actors, depending on their role and level of involvement:

• advertisers are directly liable, being the originators of the content and the parties who benefit economically from the advertising;
• advertising agencies or content creators can also be held responsible, particularly if they played a key role in developing, designing or disseminating the misleading content;
• publishers, broadcasters and online platforms may be held liable if they disseminate advertisements that clearly violate regulations, and fail to act expeditiously upon notice in order to take them down; and
• influencers and endorsers may be held personally liable, if they fail to disclose paid promotions or present misleading information to consumers.

Liability can be administrative (eg, fines), civil (eg, damages) or, in rare cases, criminal (eg, fraud).

Under Italian law and the IAP Code, “advertising” has a broad definition. It encompasses any public message, in any form and through any medium, intended to promote the sale of goods or services, improve business goodwill or influence consumer behaviour.

This includes traditional media (TV, radio, print), digital ads (websites, app, social media posts, in-feed units, paid search units, recommendation widgets, advergame), and indirect forms such as product placement, native advertising or branded content. Even public relations materials, if promotional in nature, may fall under this definition.

The broad scope means that content creators and brands must be vigilant about compliance, even when promotional intent is not the primary purpose.

Generally, a pre-approval is not required, except in specific regulated sectors (eg, pharmaceuticals, financial services).

Among its functions, the IAP Review Board is entitled to issue preliminary advice about whether a marketing communication actually complies with the provisions of the IAP. The opinion is provided under the request of the advertiser, and it is voluntary. After positive advice, the board commits to refrain from challenging the approved marketing communication.

General rules concerning IP rights and the right of publicity apply. In particular, IP rights are regulated in the Civil Code (Articles 2569–2574 concerning trade marks and Articles 2575–2583 regarding copyright), in the Intellectual Property Code (Legislative Decree 10 February 2005, No 30), and in Law 22 April 1941, No 633 as far as copyright law is concerned. The right of publicity is disciplined in Article 10 Civil Code as well as in Articles 96–97 Law 22 April 1941, No 633. As a general rule, any use in commerce of third parties’ property rights must be authorised by the rights-holder.

The IAP (Italian Self-Regulation Institute for Advertising) is the self-regulatory authority overseeing advertising practices in Italy. It enforces the IAP Code which applies to a broad range of actors involved in advertising and commercial communication in Italy, including advertisers, advertising agencies and creators, media and publishers, digital platforms and influencers, having accepted the Code directly or by membership of a trade association.

To more effectively ensure compliance with the system, members undertake to include in their contracts a clause involving acceptance of the provisions of the Code and the jury’s rulings. As a result, even non-members are expected to comply if they advertise in media channels or platforms that adhere to the Code. This ensures that the Code’s rules are widely applicable across the advertising industry.

Complaints can be submitted by consumers, competitors, associations, or ex officio by the IAP Review Board if it identifies a possible breach of the Code. The jury, composed of independent legal and communication experts, examines the complaint. After an adversarial procedure where the advertiser is given the opportunity to present a defence, the jury issues a decision, which is usually made public and published on IAP’s website. While it cannot impose legal penalties, if the advertisement violates the Code, the jury can order its modification or immediate withdrawal. While its decisions are not legally binding, compliance is widespread and most advertisers comply voluntarily to avoid reputational harm and escalation to state courts. Indeed, failing to observe a decision of the jury may lead to a claim of unfair competition under Article 2598 of the Civil Code.

Consumers or consumer associations on their behalf can bring civil actions before ordinary courts if they believe advertising is false, misleading, aggressive or otherwise unlawful. Consumers may base their claims on Articles 20–27 of the Consumer Code concerning misleading or aggressive commercial practices. If advertising forms part of a contract or induces a consumer into a contract under false pretences, the consumer can seek contractual remedies. Remedies include damages and injunctions. Courts can order the removal or modification of misleading advertisements, and compensation for financial loss or harm suffered due to the misleading advertisement may be granted.

According to the AGCM Annual Report 2024, in the period from January 2024 to March 2025, the Authority examined 36,900 reports, concluded 71 proceedings, of which 46 resulted in the finding of a violation, 17 with acceptance of commitments, and eight with no violations.

In 76 cases of lesser severity, the Authority ordered archiving following the companies’ compliance with the recommendations provided through moral suasion.

The activities carried out to protect consumers in the 2023–2024 biennium generated savings of over EUR28 million, as well as the return of more than EUR150 million to 900,000 consumers.

The IAP 2024 Annual Report gives notice of 238 matters examined and 36 decisions.

Trends show that the authorities are paying increasing attention to greenwashing, influencer marketing and “made in Italy” claims.

Advertisers in Italy must navigate both legal standards and cultural sensitivities related to taste and decency. The IAP Code places high importance on protecting public morality, religious sentiment and gender dignity. Advertisers should avoid content that could be perceived as blasphemous, sexually explicit or disrespectful toward religious institutions and symbols.

Italians are particularly sensitive to stereotyping, especially concerning gender roles, body image and family values. The IAP closely monitors ads for sexist or degrading portrayals.

Moreover, irony or satire that may be acceptable elsewhere could be poorly received if it crosses into perceived offensiveness or mocks cultural traditions.

In the period from January 2024 to March 2025, Italy experienced notable developments in the regulation and enforcement of advertising, influenced by both domestic matters and EU initiatives. In response to the “Pandorogate” scandal, which involved the promotion of charitable donations that were not made, the Italian Communications Regulatory Authority (AGCOM) issued new guidelines and a code of conduct for influencers, aiming to enhance transparency and accountability in influencer marketing.

The regulatory changes to Directive 29/2005 (“Empowering Consumers” Directive) have led to more proactive enforcement of environmental advertising laws, despite Italy’s withdrawal of support which contributed to derailing the proposed Green Claims Directive, which would have mandated prior verification of green claims.

Misleading advertising is considered unfair commercial practice under Article 20 et seq. of the Consumer Code. An advertisement is considered misleading if it contains false or deceptive information or omission of material information about product characteristics (eg, quality, origin, effects), price or conditions of sale, consumer rights (eg, guarantees, return policy) likely to affect the average consumer decision-making. Italian authorities and courts typically consider criteria such as clarity, materiality, evidence and target audience. Claims must be factually accurate, not be ambiguous and provable by adequate evidence. How the average consumer perceives the ad, including vulnerable groups (eg, children) is relevant. No proof of actual damage is required to establish a violation.

The IAP Code complements the legal framework, prohibiting advertising that misleads consumers.

All advertising claims are subject to regulation in Italy. Authorities assess the overall impression created by the ad – including words, images, design and omissions. Even if a claim is not explicitly stated, advertisers can still be held responsible for the implied message if it is false or misleading. Implied claims (eg, imagery suggesting environmental benefits or health outcomes; colours associated with particular characteristics, such as the colour green signifying eco-friendly) must be objectively verifiable and substantiated, if a consumer would reasonably interpret a message as conveying a factual claim. Subjective, exaggerated, hyperbolic or purely opinion-based statements are generally tolerated if they are clearly non-factual and not likely to mislead.

Advertising claims must be substantiated with reliable, objective evidence that must be available at the time the claim is made. The type of substantiation required usually depends on the nature of the claim. Scientific or technical claims (eg, health benefits, environmental impact, product performance) must be supported by robust scientific evidence such as clinical trials, lab testing or expert validation. Claims based on consumer experience, like satisfaction rates or effectiveness, require methodologically sound consumer surveys or usage tests. For factual assertions involving origin, ingredients or sustainability, appropriate documentation, certifications or third-party verification is expected. Both the AGCM or IAP can require the advertiser to submit documentation regarding the claim substantiation.

If a demonstration is used to imply a particular effect, outcome or benefit of the product, these must be achievable under normal conditions of use, not just under ideal or manipulated circumstances. Any use of special effects, editing, accelerated processes or enhancements (eg, magnification, simulations) must be clearly disclosed to avoid deception. Demonstrations must be replicable and backed by evidence, especially when they serve as the basis for performance claims.

Under Article 4 IAP Code, testimonials and other forms of endorsement of a product for promotional purposes must clearly disclose their nature and must be authentic and responsible. Testimonials must reflect the genuine experience of real individuals, and their content must be verifiable and supported by evidence if they make objective claims (eg, performance, effectiveness, results). Endorsements by professionals, influencers or celebrities must not mislead by exaggerating qualities or implying authority they do not possess (even with implied claims, such as a testimonial given by someone wearing a lab coat to imply medical competence).

Additionally, the IAP Digital Chart establishes that any material connection between the endorser and the advertiser, such as partnerships, free products or invitation to events, must be clearly and prominently disclosed with labels like “advertising”, “promoted by... brand”, “sponsored by... brand”, “adv/ad + brand”. Within the content, such statements – depending on the context – must be easily legible, not only by placement but also through graphic measures such as contrasting colours, adequate font size and, in the case of video disclaimers, on-screen visibility for an adequate period.

Adopted on 28 February 2024, Directive (EU) 2024/825 (the “Empowering Consumers Directive”) amended the Unfair Commercial Practices Directive (UCPD) to more specifically address environmental claims. It amends the Unfair Commercial Practices Directive (2005/29/EC) and the Consumer Rights Directive (2011/83/EU) and includes provisions prohibiting generic environmental claims, non-certified sustainability labels, misleading circularity/durability/recyclability claims, or claims about future environmental performance without clear, time-bound, verifiable implementation plans by independent third parties.

Member states are required to implement compliance measures, but Italy does not yet have a national implementing law, as the transposition deadline is 27 March 2026. While there is no specific law provision at this time, under the Consumer Code, misleading environmental claims are treated as unfair commercial practices because they can distort consumer choices. Article 12 of the IAP Code is explicitly directed to fight greenwashing: any advertisement claiming environmental or ecological benefits must be truthful, pertinent and scientifically verifiable. Moreover, any claim must clearly specify which aspect of the product or activity of the advertiser the benefit pertains to. In the EU Commission’s plan the directive should have been complemented by the Green Claims Directive, but the Commission announced in June 2025 its intention to withdraw the proposal.

Disclosure in advertising is an expression of the principle of transparency, essential to ensure that advertising does not mislead consumers. Articles 7(1) and (2) Directive 2005/29/EC establish a positive obligation on traders to provide all the “material information” that the average consumer needs to make an informed purchasing decision. The UCPD does not define “material information” but limitations, conditions, paid partnerships or potential conflicts of interest are considered as such and must be clearly and immediately visible to the public.

The commercial intent of a commercial practice should be disclosed, as well as a material information. Article 6(a) of the e-Commerce Directive, Articles 9, 10 and 28(b) of the Audiovisual Media Services Directive (AMSD), similarly to Article 7(2) UCPD, establish that failing to identify the commercial intent of a practice is regarded as a misleading omission.

The driving force behind all influencer marketing regulation adopted by advertising self-regulation authorities is the principle that influencers must disclose when they have a material connection with brands they promote through clear and understandable disclaimers such as #ad or #sponsored.

Disclosures and disclaimers must be clear and prominent (not hidden in fine print, obscured by design elements or buried in terms and conditions), and comprehensible for the target audience. For video or audio ads, disclosures should be shown long enough to be read or heard. Disclosures should appear before or at the same time and close to the claim they are clarifying. They should not require the consumer to click through links, scroll excessively, or search for them. Disclosures must be tailored to the format of the ad. They cannot contradict or undermine the main claim of the advertisement. Advertisers cannot rely on disclosures to fix a misleading ad.

Many “value-added” claims are regulated to prevent misleading consumers. Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods – often referred to as the and Health Claims Regulation (NHCR) – is the key piece of EU legislation that governs how nutrition (eg, “low fat”, “high fibre”, “source of vitamin C”) and health claims (eg, “calcium is needed for the maintenance of normal bones”, “supports the immune system”) can be made on food products marketed in the European Union.

Other product indications such as those concerning protected designation of origin or geographical origin (Regulation EU 1151/2012) or environmental claims are regulated at EU or national level. Examples are Regulation (EU) 2018/848 which concerns organic production and labelling of organic products or Regulation (EC) No 648/2004 which establishes rules for the labelling of detergents as biodegradable. The advertising self-regulation system provides for specific guidelines for specific products such as veterinary medicinal products, dietary supplements and food and beverages for children and their proper nutrition.

The Italian Highway Code now includes provisions (see Article 23) that prohibit sexist and discriminatory advertising, including offensive, violent representations based on gender, sexual orientation, ethnicity, religion or disability, on roads, public transport and vehicles. These measures were introduced in November and incorporated into the broader reforms of the Highway Code in 2024. Violations can lead to the removal of the offending material and revocation of advertising authorisations.

The IAP Code establishes that “Marketing communication should respect human dignity in every form and expression and should avoid any form of discrimination, including that of gender”. The jury has intervened in cases where advertisements perpetuate gender stereotypes or trivialise roles based on outdated gender norms. For instance, it halted campaigns that depicted women, focusing primarily on their beauty.

In Italy, advertising to children is strictly regulated to protect their vulnerability and safe development. The Italian Consolidated Law on Audiovisual and Radio Media Services (TUSMAR), established by Legislative Decree No 208 of 8 November 2021, includes specific provisions aimed at protecting children in audiovisual communication by limiting their exposure to commercial breaks and inappropriate or harmful advertising and commercial content (eg, gambling, alcoholic beverages). The IAP Code at Article 11 establishes that messages should avoid contents that could cause psychological, moral or physical harm, and should not exploit the credulity, inexperience or sense of loyalty of children or young people. In particular, marketing communication must not lead them to act dangerously or violate generally accepted rules of social behaviour. It should not suggest that the lack of possession of the promoted product means either inferiority or parents’ failure to fulfil their duties.

Marketing communication must not include a direct exhortation to children to buy the promoted product. The portrayal of children and young people in marketing communication must avoid playing on the natural sentiments of adults towards the young. Depictions of children, or persons resembling children, engaged in or seeming to engage in sexually explicit conduct are forbidden. Marketing communication for food products and beverages directed to children, or to which they might be exposed, is subject to specific guidelines, which forms an integral part of the Code.

In the EU, dark patterns are prohibited under several key regulations. Effective since 2024, the Digital Services Act (DSA) explicitly bans dark patterns in online platforms. Article 25 prohibits online interfaces that deceive or manipulate users, impairing their ability to make informed decisions. This includes tactics like fake urgency, disguised ads and emotional manipulation. The DSA applies to Very Large Online Platforms and search engines, with penalties for non-compliance. In Italy, there is no specific law against dark patterns. Dark patterns that lead to “forced consent” or “bundled consent” are prohibited under the General Data Protection Regulation (GDPR). In addition, the European Data Protection Board published Guidelines 3/2022 encouraging the adoption of “legal design” practices to prevent the use of dark patterns, promoting user interfaces that respect users’ rights and facilitate informed decisions. This framework might be complemented with the upcoming Digital Fairness Act (DFA) expected in the third quarter of 2026.

In Italy, sponsor identification rules demand that advertising be clearly recognisable to avoid misleading consumers. Branded content must include disclosures, and hidden ads are forbidden under both consumer law and the IAP Code. The IAP Digital Chart gives specific guidance for online and influencer marketing, requiring hashtags or labels like “adv” or “sponsored” to signal paid partnerships, which should be used even when the platform provides specific tools.

Native advertising in Italy is admitted, but only if it is immediately recognisable as commercial communication. Rules require clear separation (with clear statements and visual clues) from editorial or entertainment content, avoiding any misleading impression of neutrality. The IAP Code and consumer law prohibit disguising promotional messages as journalism. For online content, the IAP Digital Chart provides guidance on transparency, requiring visible labels like “advertising” or equivalent markers to ensure consumers understand the commercial nature of the content.

Comparative advertising in Italy is permitted, but it is strictly regulated. Article 22 of the Consumer Code outlines the conditions under which comparative advertising is lawful.

A comparison must be fair, truthful and not misleading. It must objectively compare relevant features of the products/services and must avoid creating confusion with a competitor’s products or trade marks. Consumer law forbids denigrating rivals and their products or services, as well as taking unfair advantage of their reputation or image. Comparisons must be evidence-based and verifiable. Article 15 of the IAP Code mirrors the conditions set forth in the Consumer Code.

Comparative advertising may mention a competitor’s brands, names or packaging only if the comparison concerns objective and verifiable characteristics of the products or services; is not misleading or disparaging to the competitor; does not create confusion among the public regarding the brands or origin of the products; and does not take unfair advantage of the reputation of the competitor’s brand.

Several remedies are available for an advertiser to challenge claims made by competitors. One option is to file a complaint with the Italian Competition Authority (AGCM), which enforces the Consumer Code provisions. The AGCM may impose fines, order the withdrawal of the campaign or require corrective measures. Another route is to initiate court proceedings both under unfair commercial practice or unfair competition law, particularly Article 2598 of the Civil Code. Here, the injured party may seek damages and also request preliminary injunctions to swiftly block the continuation of misleading advertising. This judicial path is often pursued when the economic harm or reputational risk is significant. A third route is to bring the case before the self-regulation authority. IAP hearings are generally faster and less formal than court proceedings, allowing competitors to challenge advertising that breaches the IAP Code. While IAP sanctions are not monetary, they can require the immediate withdrawal or modification of an ad, with monetary and reputational effects, and also the publication of the decision.

Law 31/2020 prohibits activities that create a false association with major sporting or cultural events without authorisation from the organiser. This ruleset covers practices such as unauthorised use of logos, symbols or trade marks, as well as promotional activities that unfairly exploit the visibility of an event. Sanctions may include administrative fines and orders to cease the conduct. The rules were designed in line with international best practices, to protect event sponsors and ensure fair competition in the advertising market.

In Italy, online and social media advertising must be transparent and fair. The Consumer Code prohibits misleading practices, while the IAP requires sponsored content to be clearly identifiable. The European DSA ensures greater transparency and accountability of platforms, and the GDPR protects the proper use of personal data. In addition, copyright law protects creative content used in advertising campaigns.

According to the Consumer Code (Legislative Decree 206/2005), advertisers are liable for misleading or unfair advertising, but not for content generated by third parties, unless they are directly involved. The European Union’s Digital Services Act (DSA) stipulates that platforms are not liable for user-generated content unless they have actual knowledge of it and do not act promptly to remove it.

The IAP Code stipulates that all sponsored content must be identifiable as advertising, using labels such as “adv” or hashtags such as #adv/#sponsored. The European Digital Services Act requires greater transparency in commercial communications and personalised advertising. The Consumer Code prohibits misleading or unfair practices, while the GDPR requires that consent to the use of personal data for targeting purposes be freely given, informed and unambiguous.

In Italy, the use of major social media platforms is generally permitted, but subject to specific regulations concerning data protection, advertising transparency and the protection of minors. No platforms are officially banned by law, but all must comply with Italian and European rules.

Given the applicability of the GDPR, promotional emails generally require the recipient’s prior consent, freely given, specific, informed and verifiable. Pre-ticked boxes or implied consent are not valid.

Each email must clearly identify the sender, include an easily accessible unsubscribing mechanism (opt-out), and provide notice about the processing of personal data, usually via a link to the privacy policy.

In Italy, telemarketing is regulated by the Consumer Code (Legislative Decree 206/2005), the Privacy Code and GDPR (EU Regulation 2016/679 and Legislative Decree 196/2003) and the Opposition Register, a service managed by the Ministry of Economic Development to block unwanted advertising calls. Violation of these rules may result in administrative penalties, civil liability and, in serious cases, criminal liability.

Text messages (SMS, WhatsApp and similar messaging for commercial or promotional purposes) are governed by specific rules, mainly related to personal data protection legislation and electronic communications regulations. In such cases, companies risk penalties of up to EUR20 million or 4% of their annual turnover, in addition to having their activities blocked by the Data Protection Authority and being obliged to compensate those affected; in serious cases, there may also be criminal liability.

Advertising targeting and retargeting are only permitted with the user’s explicit and informed consent, especially when cookies or other tracking techniques are used. Companies must provide clear information and allow consent to be withdrawn at any time. In addition to the GDPR and the Privacy Code, self-regulatory codes such as the IAP and the European AdChoices standard apply, which aim to ensure transparency and control for users.

Collection and use of minors’ data is only permitted with specific safeguards. For online services, consent is valid from the age of 14 upwards. Below this threshold, parental consent is required. Privacy policies must be clear and understandable to minors, and the use of their data for marketing or profiling is considered high risk. In the event of violations, companies may face penalties of up to EUR20 million or 4% of turnover, the blocking of activities by the Data Protection Authority and claims for compensation; in the most serious cases, criminal liability may also apply.

Beside rules already mentioned, there are specific rules for health or particularly sensitive data (Article 9 GDPR and provisions of the Data Protection Authority). The use of these categories of data for advertising purposes is generally prohibited. There is also legislation on copyright and the use of images (Article 10 of the Italian Civil Code and Law 633/1941), which protects personal data related to visual identity (photos used for advertising purposes without consent).

Sweepstakes and contests (manifestazioni a premio) are heavily regulated under DPR No 430/2001, as interpreted by the circulars and the frequently asked questions first issued by the Ministry of Economic Development on 30 March 2017 (the “FAQs”). The FAQs were most recently amended by the Ministry of Enterprises and Made in Italy (MIMIT) on 18 January 2023. Competitions must be notified in advance to the MIMIT, and organisers usually have to lodge a security deposit to guarantee the prizes. Rules require that participation be free, aside from normal participation costs (such as ISP connection costs), and that terms and conditions of the contest are clear, complete and accessible. Prizes must be awarded as promised, with no unjustified delays. Random draws must be certified or conducted under official supervision to ensure fairness. Foreign companies targeting Italian residents must also comply if the contest is promoted in Italy. Consumer law and the IAP Code add that promotional messages must avoid misleading claims about chances of winning or prize value.

Italian law differentiates between games of skill and games of chance based on the degree to which skill influences the outcome. Games of skill are legally recognised and regulated, allowing for legal monetary play under specific conditions, while games of chance are more heavily regulated and often subject to the authorisation of the Italian customs and monopolies agency. Games of chance (or sweepstakes) rely on luck and can be legally played for money, provided they are organised by licensed operators and comply with specific regulation, requiring security deposits. By contrast, contests of skill are exempt from some of these requirements. A contest of skill is defined as one in which the outcome and the awarding of prizes depend exclusively on the participant’s personal ability, knowledge, creativity or talent. Examples include quizzes, writing or photography competitions, other challenges where winners are selected based on objective criteria or jury evaluation, or even simple actions such as completing an online survey. If chance plays any role, however minimal, the initiative is reclassified as a game of chance, triggering stricter regulatory controls. Advertising for games of skills is allowed, provided it complies with specific regulations. Gambling advertising was banned in 2018 under the Dignity Decree. The law was intended to curb problem gambling but has faced criticism for driving players toward unlicensed operators that fall outside of regulatory oversight.

The key body is the MIMIT, which supervises compliance with Presidential Decree No 430/2001.

For games of chance, organisers must submit a prior notice to the Ministry at least 15 days before launch, deposit security equal to the total prize value, and file the official terms and conditions that shall be made public. Draws must be conducted in the presence of a notary or chamber of commerce official to certify fairness.

Contests of skill are treated more lightly, but if prizes are awarded, they must still be notified to the Ministry and accompanied by rules and a security deposit. The difference is that no official oversight of the awarding mechanism is required, since winners are determined solely by ability or creativity.

The ministry has made available an online portal to simplify such procedures.

In Italy, free or reduced-price offers are regulated by the Consumer Code and the IAP Self-Regulation Code, which require clarity and transparency. The terms and conditions of the offer, any restrictions and the duration must be clearly stated, avoiding misleading practices or hidden costs.

Offers with automatic renewal are mainly regulated by the Consumer Code: Article 33 et seq. These govern distance contracts and ongoing services, requiring consumers to give their express and informed consent, to be aware of the duration of the contract, the costs and the terms of withdrawal. Articles 52 and 53 implement European Directive 2011/83/EU, guaranteeing consumers the right to easily cancel or suspend the service without additional costs. The IAP Code of Conduct requires transparency and fairness in the communication of offers with automatic renewal.

The use of artificial intelligence in the development of advertising content is regulated by:

• the AI Act, a European regulation that establishes transparency and accountability requirements for the use of AI;
• Draft Law 1146/2024, an Italian legislative initiative to align national legislation with the AI Act; and
• the IAP Code of Conduct, which are guidelines to ensure ethical advertising practices in the use of AI.

Statements related to the use of artificial intelligence in the development of advertising content must comply with the regulations set out in the Consumer Code and the Code of Conduct for Commercial Communications. It is essential that such statements are truthful, clear and not misleading, providing adequate information on how AI is used in the product or service offered.

The use of chatbots is regulated by a regulatory framework that includes the GDPR and the AI Act, with specific guidelines for the public administration. It is essential that companies and institutions using chatbots comply with these regulations, ensuring transparency, personal data protection and respect for users’ rights.

The IAP has updated its guidelines for advertising crypto-assets, in accordance with EU Regulation 2023/1114 (MiCA), which establishes a regulatory framework for crypto-assets in the European Union. Marketing communication concerning crypto-assets must provide clear, complete, accurate and up-to-date information about the nature of the offer, the characteristics of the goods or services offered, including whether they can be traded on platforms, how they operate and the associated risks (eg, price volatility and cyber risks).

Marketing communications must contain the warning that these are assets whose purchase and subsequent deposit may result in the loss of all the funds invested and inform that the message has not been reviewed or approved by any competent authority in any member state of the EU. They must not present crypto-assets as a solution to personal or financial problems, must not represent them as a way to improve one’s financial and economic situation, must not suggest that they offer an opportunity for success or life change, and must avoid creating false or disproportionate expectations, nor minimise or trivialise the risks associated with these assets, thereby creating a sense of overconfidence in the solutions offered. The MIMIT has clarified in its FAQ No 30 that offering cryptocurrency as prizes is prohibited, as it is considered equivalent to cash and falls under the restrictions on cash prizes in promotional activities. On the other hand, prizes consisting of NFTs, including those involving blockchain technology, are allowed because NFTs are intangible assets that can be evaluated economically and are subject to taxation, both at the time of issue and while circulating in the market.

In Italy, there is no specific legislation dedicated exclusively to advertising in the metaverse; Italian authorities are monitoring the evolution of the metaverse and associated technologies, such as NFTs and blockchain, to ensure that advertising practices comply with existing regulations. Although no specific measures have yet been issued for advertising in the metaverse, the updated guidelines from the IAP indicate a commitment to more careful regulation of new technologies.

Advertising of medicines is regulated in a specific section of Legislative Decree No 219/2006 (the “Code of Medicines”). Advertising of medical devices is regulated by EU Regulation No 745/2017 on medical devices, as well as by specific sections of (i) Legislative Decree No 46/1997 and (ii) Legislative decrees No 137/2022 and 138/2022, implementing the MDR and the IVDR respectively. In addition, the Ministry of Health has issued specific guidelines on the advertising of non-prescription medicines (SOP) and OTC, as well as on the use of various advertising channels such as paper publications, call centres or social media in the context of the medicines advertising.

Advertising of medicines and medical devices to the public always requires the authorisation of the Ministry of Health. Should the Ministry of Health not provide this authorisation within 45 days of the date of the application, it is deemed to have been granted. The authorisation lasts for 24 months. Advertising to healthcare professionals does not need to be authorised. With regard to medicines only, there is only a duty to submit the marketing material to AIFA but no actual authorisation is required. Promotion of medicines to the public is only permitted if the drugs are non-prescription or do not need the intervention of a doctor for diagnostic purposes. Advertising of tobacco and vaping products is banned under Italian law, with limited exceptions for point-of-sale displays. No advertising is permitted for cannabis either.

Product placement is explicitly regulated under the Legislative Decree No 208/2021 (regarding media services), which implements the EU Audiovisual Media Services Directive. Placement is permitted in films, TV series and certain entertainment programmes, provided it does not mislead the public or unduly promote the product. It must be clearly disclosed at the start and end of the programme, or after commercial breaks, usually with an on-screen symbol.

Product placement is prohibited in news, children’s programming, and when it encourages unsafe or excessive consumption. The law requires that editorial independence is preserved, so content cannot be scripted solely around the sponsor’s product; therefore, products should be integrated naturally into the context of the programme, avoiding excessive or forced emphasis.

The IAP Code also applies, ensuring that product placement respects general principles of fairness, recognisability, and consumer protection.

Article 9 of the Law Decree 12 July 2018, No 87 forbids any form of direct and indirect advertising related to betting activities, gambling and other types of games with cash winnings. Besides, the AGCOM guidelines provide interpretative clarifications regarding the subjective, objective and temporal application on the Italian gambling advertising ban. As a general principle, merely informative communications are still allowed, but the scope of this exception needs to be reviewed on a case-by-case basis.