Italy – EUCAM

This page contains information on statutory alcohol marketing
regulations in Italy (table 1); a description of the restrictions per medium (table 2); labelling information (table 3); information on non-statutory alcohol marketing regulations (table 4); the complaints procedure; a summary about the Italian regulations on alcohol marketing and exhaustive, downloadable documents from the ELSA & FASE research projects.

Update: January 2018

Show more about the complaints procedure in this country>>

Complaints procedure

Law on alcohol and alcohol related problems:
In theory the application of sanctions for violations related to regulation in radiotelevision field is the competence of the Communications Regulatory Authority (AGCOM). Nevertheless, the Antitrust Authority may have competence too because these violations could be considered deceitful or misleading advertising. And of course there are also the normal security authorities. During the complaint procedure, the marketing practice can still be used. Sanctions, where appropriate, are imposed by ordinary justice and can be a fine between €2.500 to €10.000. (doubling for any further violation). The amount of time the procedure officially takes is a few months.

Ratification of the European convention on Television without frontiers:
General remarks concerning the procedures: Normally in Italy all complaints have to be made to the Advertising Review Board of the IAP Istituto dell’Autodisciplina Pubblicitaria (IAP Institute of Italian Advertising Self-Regulation). Of course, it is possibile to complain to the “Prefetto”, local security authority which is part of the Ministry of Internal Affairs, and to the Communications Regulatory Authority (AGCOM) or to the Antitrust Authority. Art. 20 establishes a Permanent Committee for complaint handling.

Regulations for the implementation of the artt. 13,15,16 of the European Directive 3 October 1989 (89/552 CEE) regarding television advertising of alcoholic beverages and tabacco and the protection of minors:

Self-regulation code on TV and minors:
A Review Board for complaints has been established at the Ministry of Communication. Members of the Review Board are representatives of television companies and other people indicated by the Prime Minister. The Review Board reports the violations of the code to the Communications Regulatory Authority (AGCOM), which takes the decision about the complaint and, in case of proven violation, has to condemn to different sanctions. And during a procedure a marketing practice can still be used. The possibility of complaining is comminicated to the public. In case of violation of code ads rules, the communication has to be done without quoting the name of the product. Sanctions, where appropriate, are imposed by The Review Board and the Communications Regulatory Authority (AGCOM). The decision has to be transmitted by the Televison in default that has to communicate the decision during peak time (better on the news) and before 10.30 p.m. Art. 10 of law 3/5/2004 n. 112 establishes that televisions have to respect the rules stated by the TV self-regulation code and minors. Sanctions can vary from €25.000 to €350.000. The Review Board notifies the violation to the interested TV, which can file its conter deduction by 15 days.

Show more detailed information about the alcohol marketing regulations in this country>>

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Table 2 Regulations per medium	Type of restrictions
TV	Ban on alcohol advertising in certain situations (e.g. children programmes) (Article 13 (2) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
	Ban on advertising for spirits between 4 and 7 pm (Article 13 (4) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
	Youth protection policy (Article 13 (2, 3, 5) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001; Article 15 RATIFICATION AND IMPLEMENTATION OF THE EUROPEAN CONVENTION ON TELEVISION WITHOUT FRONTIERS - LAW N. 327/1991; Article 4 (2, 4) SELF-REGULATION CODE ON TELEVISION AND MINORS; Article 2 (REGULATIONS FOR THE IMPLEMENTATION OF ARTT. 13,15,16 OF THE EUROPEAN DIRECTIVE 89/552 CEE REGARDING TELEVISION ADVERTISING OF TOBACCO AND ALCOHOLIC BEVERAGES AND THE PROTECTION OF MINORS MINISTERIAL DECREE N. 425/1991)
	Content restrictions (Article 15 RATIFICATION AND IMPLEMENTATION OF THE EUROPEAN CONVENTION ON TELEVISION WITHOUT FRONTIERS - LAW N. 327/1991; Article 2 REGULATIONS FOR THE IMPLEMENTATION OF ARTT. 13,15,16 OF THE EUROPEAN DIRECTIVE 89/552 CEE REGARDING TELEVISION ADVERTISING OF TOBACCO AND ALCOHOLIC BEVERAGES AND THE PROTECTION OF MINORS MINISTERIAL DECREE N. 425/1991)
Radio	Ban on alcohol advertising in certain situations (e.g. children programmes) (Article 13 (2) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
	Ban on advertising for spirits between 4 and 7 pm (Article 13 (4) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
	Youth protection policy (Article 13 (2, 3, 5) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001; Article 4 (2, 4) SELF-REGULATION CODE ON TELEVISION AND MINORS)
Outdoor marketing	None
Printed media	Ban on alcohol advertising in certain situations (e.g. children programmes) (Article 13 (2) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
Printed media	Youth protection policy (Article 13 (2, 3, 5) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
Cinema	Ban on alcohol advertising in certain situations (e.g. children programmes) (Article 13 (2) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
Cinema	Youth protection policy (Article 13 (2, 3, 5) LAW ON ALCOHOL AND ALCOHOL RELATED PROBLEMS - ART. 13 ON ALCOHOL ADVERTISING - LAW N. 125/2001)
Internet/digital media	None
Promotional items	None
(Sports) sponsorship	None

Table 3 Labelling information	Description	Legally binding or self-regulation
Health warnings:	Yes, pictograms aimed at preventing drunk driving and drinking while pregnant.	Self-regulation, since 2012.*
Ingredients/nutritional information	No

* The self-regulation adopted since 2012 has many brewers using pictograms on FASD prevention and drink-driving. For example like on this Peroni website.

Table 4 Non-statutory Alcohol marketing regulations in Italy	Coverage
Code of Marketing Communication Self-Regulation Italy 63rd edition effective March 8th, 2017 First edition dated May 12th, 1966 Il Codice di Autodisciplina della Comunicazione Commerciale 63ª edizione, in vigore dall’8 marzo 2017 http://www.iap.it/codice-e-altre-fonti/il-codice/# English version at http://www.iap.it/about/the-code/?lang=en Special rules: Art. 22 – Alcoholic Beverages Marketing communication concerning alcoholic beverages should not be in contrast with the obligation to depict styles of drinking behaviour that project moderation, wholesomeness and responsibility. This principle aims to safeguard the primary interest of the population in general, and of children and young people in particular, in a family, social and working environment safeguarded from the negative consequences of alcohol abuse. In particular, marketing communications must not: • encourage excessive, uncontrolled, and hence harmful consumption of alcoholic beverages; • depict an unhealthy attachment or addiction to alcohol, or generally lead people to believe that resorting to alcohol can solve personal problems; • target or refer to minors, even only indirectly, or depict minors or people who clearly appear to be minors, consuming alcohol; • make direct use signs, symbols, drawings, fictitious characters or real people of primary appeal to minors, that may arouse the direct interest of minors; • associate the consumption of alcoholic beverages with the driving of motorised vehicles; • induce the public to believe that the consumption of alcoholic beverages promotes clear thinking and enhances physical and sexual performance, or that the failure to consume alcohol implies physical, mental or social inferiority; • depict sobriety and abstemiousness as negative values; • induce the public to disregard different drinking styles associated with the specific features of individual beverages and the personal conditions of consumers; • stress high alcoholic strength as being the principal feature of a beverage.	TV, radio, cinema, outdoor, print

Table 4 Non-statutory Alcohol marketing regulations in Italy

Coverage

Code of Marketing Communication Self-Regulation Italy
63rd edition effective March 8th, 2017
First edition dated May 12th, 1966

Il Codice di Autodisciplina della Comunicazione Commerciale
63ª edizione, in vigore dall’8 marzo 2017

http://www.iap.it/codice-e-altre-fonti/il-codice/#

English version at http://www.iap.it/about/the-code/?lang=en

Special rules:
Art. 22 – Alcoholic Beverages
Marketing communication concerning alcoholic beverages should not be in contrast with the obligation to depict styles of drinking behaviour that project moderation, wholesomeness and responsibility. This principle aims to safeguard the primary interest of the population in general, and of children and young people in particular, in a family, social and working environment safeguarded from the negative consequences of alcohol abuse.
In particular, marketing communications must not:
• encourage excessive, uncontrolled, and hence harmful consumption of alcoholic beverages;
• depict an unhealthy attachment or addiction to alcohol, or generally lead people to believe that
resorting to alcohol can solve personal problems;
• target or refer to minors, even only indirectly, or depict minors or people who clearly appear to be
minors, consuming alcohol;
• make direct use signs, symbols, drawings, fictitious characters or real people of primary appeal to
minors, that may arouse the direct interest of minors;
• associate the consumption of alcoholic beverages with the driving of motorised vehicles;
• induce the public to believe that the consumption of alcoholic beverages promotes clear thinking and
enhances physical and sexual performance, or that the failure to consume alcohol implies physical,
mental or social inferiority;
• depict sobriety and abstemiousness as negative values;
• induce the public to disregard different drinking styles associated with the specific features of
individual beverages and the personal conditions of consumers;
• stress high alcoholic strength as being the principal feature of a beverage.

TV, radio, cinema, outdoor, print

The following document contains an in depth (but older) overview of alcohol marketing regulations in Italy: alcohol-marketing-regulations-Italy.pdf

For even more (but older) information on alcohol marketing regulations in Italy, please take a look at Italy’s appendix to the 2007 ELSA (Enforcement of national Laws and Self-regulation on advertising and marketing of Alcohol) report.