Legal Briefing

© World Advertising Research Center 2004 THE ITALIAN ADVERTISING regulators tend to consider minors (all those aged under 18) as the most vulnerable consumers, requiring special protection against any potential attempt to harm their physical and psychological well-being through aggressive marketing techniques. Therefore, during recent years, ever more limitations and restrictions have been set with the aim of achieving a balance between the advertisers’ need to promote their products and services and the public interest of granting minors proper protection from exploitation due to their lack of experience and natural sensitivity.The Italian legal system does not contain a consolidated act or special code with a harmonised framework encompassing advertising targeted to (or performed with) children. Such provisions are usually set by statutory law as well as by industry self-regulation and codes of ethics dealing with the regulation of specific sectors of marketing and advertising. As a member of the European Union, Italy is bound to implement Community Law, i.e. the guidelines and the principles set by the EU. With respect to marketing, the EU specifically regulates advertising targeted to children through the directives on television and broadcasting and on misleading advertising. The Italian judicial and administrative authorities appointed to grant compliance with Community Law and enforcement of the domestic regulations are the civil courts, the Market and Competition Commissioner (an independent public authority competent in dealing with misleading and comparative advertising) and the Communication Authority (an independent public authority in charge of control in TV and radio advertising and in TV sales). Self-regulation is administered by the Institute for Advertising Self-Regulation (IAP), a nonprofit organisation, to which most advertising agencies, advertisers, advertising practitioners, media companies and their branch associations adhere .The IAP aims to ensure that all advertising is honest, truthful and directed at providing consumers with commercial information in compliance with the guidelines and prescriptions established by the Code of Advertising SelfRegulation (CAP). For more than 35 years, this code, although totally based on voluntary adherence, has proved quite effective and has periodically adapted to new developments in the advertising industry. It contains both general rules of behaviour and provisions concerning specific products or services. Compliance with the CAP’s rules and action from the IAP are enforced by the following.