Italy

[IT] Code of Conduct on Teleshopping

IRIS 2002-9:1/18

Maja Cappello

Autorità per le garanzie nelle comunicazioni (AGCOM)

On 14 May 2002, the Commissione per il riassetto del sistema radiotelevisivo (Commission for the reform of the radio and television broadcasting sector), located at the Ministero delle comunicazioni (Ministry of Communications), published a Code of Conduct on Teleshopping drafted by broadcasters and their associations, together with representatives and experts from the Ministry, based on the premise that teleshopping relating to astrological services, gambling and games requires that there should be specific protection for consumers, in order to avoid the exploitation of superstition or fear as a justification for the purchase of goods or services that are advertised.

According to Article 2 of the Code, teleshopping programmes shall not mislead consumers by any means such as omissions, exaggerations or ambiguities, and they must avoid violent scenes that may offend consumers' dignity, and must also avoid discrimination based on race, gender, religion or nationality. In particular, teleshopping must not generate unjustified fears or beliefs; make forecasts for the future that may threaten the viewers psychologically; include requests for money aimed at solving personal problems or show minors in indecent scenes or endangering their health.

Article 3 charges a Committee located at the Ministry of Communications with monitoring and sanctioning duties. It is composed of 12 members appointed by the Minister of Communications, six of whom represent national and local broadcasters; five, the public institutions (two, the Ministry of Communications; one, the Communications Authority; one, the local government and one, the parliamentary commission monitoring the public service broadcaster) and one representing consumers' associations. Should a violation of the Code occur, the Committee may adopt urgent provisions inviting the broadcaster to suspend the transmission of the teleshopping involved. In particularly serious cases, the Committee may order the broadcaster to publish the decision adopted.