In Italy, advertising is governed by a combination of statutory laws and self-regulatory systems. The main laws include the Consumer Code (Legislative Decree No. 206 of 2005) and Legislative Decree No. 145 of 2007, which address unfair commercial practices, misleading advertising, and comparative advertising for both business-to-consumer and business-to-business relations.
Italy also has a robust self-regulatory system for advertising, overseen by the Institute of Advertising Self-Regulation (IAP). This system handles the entire sector of commercial communications and involves various stakeholders from the industry, including media outlets, advertising agencies, and advertisers themselves.
Key components of the Italian advertising legal framework include:
1) Provisions for class actions in cases of consumer rights violations.
2) Special rules for advertising certain products like tobacco, pharmaceuticals, and alcoholic beverages, which include several restrictions particularly targeting advertising to minors and outlining clear labelling and advertising requirements.
Moreover, the IAP's self-regulatory code includes specific principles that must be adhered to, ensuring that all advertising claims can be substantiated to prove their truthfulness. This code also stipulates rules on advertising practices for various industries and products, such as food supplements, health foods, and cosmetics .
For digital advertising, the Digital Services Act (DSA) mandates transparency, especially regarding profiling and targeting minors or using sensitive personal data in advertising practices.
Navigating Italian advertising law thus requires a careful approach, especially when dealing with regulated products or sensitive consumer segments. Compliance with both statutory regulations and the IAP's self-regulatory guidelines is essential for lawful advertising practices in Italy.
