ITALY Law and Practice Contributed by: Massimo Tavella, Jacopo Ciani and Barbara Mazzi, Tavella Avvocati Associati
4. Comparative Advertising and Ambush Marketing 4.1 Specific Rules or Restrictions
court proceedings, allowing competitors to chal - lenge 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 pub - lication of the decision. 4.4 Ambush Marketing 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 activi - ties that unfairly exploit the visibility of an event. Sanc - tions 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 advertis - ing market. 5. Social/Digital Media 5.1 Special Rules Applicable to Social Media In Italy, online and social media advertising must be transparent and fair. The Consumer Code prohibits misleading practices, while the IAP requires spon - sored 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. 5.2 Liability for Third-Party Content 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) stipu - lates that platforms are not liable for user-generated content unless they have actual knowledge of it and
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 mislead - ing. It must objectively compare relevant features of the products/services and must avoid creating con - fusion with a competitor’s products or trade marks. Consumer law forbids denigrating rivals and their products or services, as well as taking unfair advan - tage 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. 4.2 Competitor Copyrights and Trade Marks 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 dispar - aging 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. 4.3 Challenging Comparative Claims Made by Competitors 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 proceed - ings 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 judi - cial 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
do not act promptly to remove it. 5.3 Disclosure Requirements
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 trans -
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