Abstract
Every year, Italy comes to a standstill for a week during the Sanremo Festival, and the intense media attention also amplifies controversy.
After the “shoe-gate” involving John Travolta at Sanremo 2024, sanctioned by AGCOM (the Italian Communications Authority), the spotlight returned to brands appearing on stage when Dargen D’Amico, a contestant in the 2026 edition, brought an orange flower on stage.
A product not directly identifiable with a specific brand, yet linked to a bonus in the FantaSanremo game—a parallel competition affiliated with the Festival—sponsored by the Campari Group (Aperol), the Italian aperitif giant.
That alone was enough for Codacons (an Italian consumer association) to reignite attention on a practice often scrutinized in RAI programming: hidden advertising.
This article explains the key criteria, prohibitions, and exceptions, offering a simple guide to help viewers navigate the issue.
When a Stage Detail Becomes Hidden Advertising
During Sanremo, it takes very little for an apparently neutral element to turn into a controversy: an object in the artist’s hand, a slightly prolonged camera shot, a line that references a product, or even a color that feels “too recognizable.”
But there is more: the conversation no longer unfolds only in front of the TV. It now intertwines with social media clips, comments, and parallel games, making it easier for a single detail to be interpreted as a promotional message—as happened in the Dargen D’Amico case (source: Sanremo, il Codacons denuncia Dargen all’Agcom per pubblicità occulta. La replica del cantante (che scherza con Open): «Non ho accordi» – OPEN.online). The focus thus shifts from “what was shown” to “why it was shown.”
When a detail appears to “work” as advertising, a familiar question arises: is the viewer watching entertainment, or an undisclosed commercial message?
The issue is not about banning brands “as a matter of principle,” but about safeguarding the recognizability of the message and the editorial integrity of the program—especially in an event with such broad reach and influence.
The Rules Governing Hidden Advertising
In television, the basic rule is that advertising must be readily identifiable and not “camouflaged” within the program.
At the European level, the matter is governed by the Audiovisual Media Services Directive (Directive 2010/13/EU), as amended in 2018.
In Italy, these rules are implemented in the TUSMA (Legislative Decree No. 208/2021), which, among the general requirements for commercial communications, prohibits hidden advertising (Art. 43) and regulates lawful alternatives, such as sponsorship (Art. 46) and product placement (Art. 48), both permitted under specific conditions and subject to identification requirements. As a rule, therefore, the issue is not “the presence of a brand on screen,” but whether that presence conveys a promotional purpose without being disclosed.
In Italy, the authority responsible for audiovisual content is AGCOM, which may act following complaints or reports (including those submitted by associations or interested parties, as in the Codacons complaint against D’Amico) and, more generally, on its own initiative, by assessing the content broadcast and how clearly the message was made recognizable.
The AGCOM, for example, intervened in the Travolta case at Sanremo, imposing a fine of €206,580 on the broadcaster—twenty times the statutory minimum.
In parallel, when the same conduct is considered an unfair commercial practice toward consumers, AGCM (Antitrust) may also act under the Italian Consumer Code (Legislative Decree No. 206/2005, Arts. 20–22 and 23, depending on whether the issue involves misleading conduct or omission).
But why are these controls and sanctions so important?
Why Hidden Advertisin is Prohibited
The prohibition of hidden advertising protects a very concrete interest: the transparency of the message. When a promotion is “disguised” as content, viewers can no longer clearly assess whether they are watching an editorial choice or a commercial push, and recognizability—which is the core of the rule—is lost.
The aim is to prevent entertainment from becoming a tool of undisclosed influence, affecting the audience’s choices and judgment.
This protection extends beyond viewers and consumers: it also safeguards the broadcasting system itself, preserving editorial independence and trust in the fairness of communication—especially in the context of major events.
For these reasons, Article 48 of the TUSMA absolutely prohibits the insertion of products for commercial purposes (so-called “product placement”) within:
- news programs,
- current affairs programs,
- consumer programs,
- religious programs, and
- children’s programs.
A similar framework applies on social media: when the promotional nature of content is concealed and the message appears spontaneous or neutral, there is an obligation to disclose its commercial intent, including through labels and hashtags (such as #advertising). In this area, AGCM plays a central role in enforcing consumer protection rules. Along the same lines are advertising self-regulation standards, such as the IAP Digital Chart Regulation, which requires that the commercial nature of online content be clearly recognizable to users.
(For further reading: Influencer, creator e agenzie: chi guida il mondo dell’influenza online.)
How to Recognize Advertising and When It May Be Hidden
When brands, recognizable clothing, or “iconic” objects appear in a program, the practical question is always the same: is this a natural element of the scene, or a commercial communication that should have been disclosed?
As a rule, the distinction does not hinge on a single factor, but on a combination of elements: context, repetition, narrative role, and the presence (or absence) of a disclosure to the audience.
Here is a simple checklist to help you navigate the issue (applicable to TV and, by analogy, social media):
- Is there a clear disclosure indicating the commercial nature of the content?
- Is the brand central to the scene, or merely part of the background?
- Does the camera linger, with close-ups or repeated shots that seem “dedicated” to the product?
- Is the object genuinely functional to the scene, in the way it is presented?
- Does the tone sound promotional, with statements resembling endorsements?
- Is there a call to action, explicit or implicit, to buy, search for, try, or participate?
- Are there external links, such as bonuses, contests, or parallel games that make featuring the brand advantageous?
- Is the visibility disproportionate compared to the program’s usual style?
Answering “yes” to any of these questions should raise a red flag and prompt the viewer to consider whether they are still enjoying entertainment—or whether advertising has already begun.
Being able to recognize these signals not only helps viewers navigate content more effectively, but also enables them to protect their right to clear and non-misleading communication.
Reviewed by: Jenny Ruà
Publication date: 13 April 2026
© Canella Camaiora S.t.A. S.r.l. - All rights reserved.
Textual reproduction of the article is permitted, even for commercial purposes, within the limit of 15% of its entirety, provided that the source is clearly indicated. In the case of online reproduction, a link to the original article must be included. Unauthorised reproduction or paraphrasing without indication of source will be prosecuted.
Gabriele Rossi
Laureato in giurisprudenza, con esperienza nella consulenza legale a imprese, enti e pubbliche amministrazioni.