Recently, the Communications Regulatory Authority (Agcom) has taken drastic measures, imposing fines for a total value of 2 million euros on several content creators. These decisions are based on the application of Article 9 of Legislative Decree no. 87 of 12 July 2018, known as the dignity decree, which establishes a strict ban on any form of advertising, direct or indirect, regarding games or bets with cash prizes.
The new sanctions target 21 content creators who used popular platforms such as TikTok, YouTube, Instagram, Facebook, X and Twitch to promote gambling-related content. According to Agcom, these measures represent a significant innovation, as for the first time, private individuals who upload such content are also being targeted.
Agcom has clarified that Article 9 does not only apply to direct advertisers, but also involves the clients and the platforms themselves through which the advertising is distributed. Everyone is held responsible for violations. The value of the fine is set at 20% of the value of the infringed advertising, with a minimum of 50,000 euros for each violation. These measures were implemented after a careful evaluation of the content disseminated and the potential social damage related to gambling.
By strengthening the regulations on gambling and associated advertising, Agcom seems to want to send a clear message: consumer protection and the prevention of risky behavior are priorities. The impact of these sanctions could significantly affect how content creators approach promoting products on social media. In an era where digital marketing is constantly evolving, we are likely to see increased awareness of existing regulations and increased accountability from video sharing platforms. The challenge will remain to balance freedom of expression and compliance with existing laws to ensure a safer online environment for all.
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