After more than a decade from the outbreak of the youtuber phenomenon, for the first time the Italian state has undertaken to recognize the figure of the content creator.
It has taken over a decade since the youtubers , influencers and streamers phenomenon broke out . Yet here we are: after having subjected the members of the category to a thousand ups and downs and an ordeal consisting of various legal, bureaucratic and fiscal obstacles, the Italian state is finally taking care to recognize the professional figure of the content creator .
The final text of the Competition bill finally opens the doors to a process of regulation of the sector. A process, for the avoidance of doubt, which has yet to begin and which already promises to be very long and complex. But it is a first step and also for this reason the many Italian influencers have something to celebrate.
The Competition bill limits itself to mentioning – for the first time in an Italian law – the professional figure of the content creator – also defined as a ‘ creator of digital content ‘ -, postponing the legal classification of this figure for a later time, as well as the creation of dispute resolution mechanisms between creators and the platforms hosting their content. The text remains vague, but it seems clear to us that the legislator intends to protect influencers, for example in the case of arbitrary and unjustified suspensions of their accounts – which today are decided unilaterally by the platforms, without great possibility of appeal.
Entering into the specifics of the text, in paragraph 1 of article 28 , the Competition Bill establishes the need for «l-bis) identification of specific categories of controls for creators of digital content, taking into account the economic activity carried out; l-ter) provision of alternative dispute resolution mechanisms between digital content creators and related platforms “.