The validity and effectiveness of the self-regulatory system can be ascribed to a few elements which are the reason for its success in Italy as well as in other European countries. These can be summed up as follows:

• least formalities, brevity of the time necessary to reach a Jury's decision, though in the full respect of the fundamental rights of the defence and the debate between opposing parties;
• inversion of the burden of proof: it is the responsibility of the marketer to prove, at all times, that what it says is true, which meets the requirement for maximum responsibility;
• decisions are final and therefore they may not be appealed: marketing communication, owing to its speed and immediacy of circulation, requires a single degree of judgement and one definitive sanction that will leave no scope for after-effects which may damage consumers, honest advertisers and ultimately the system itself;
• absolute independence of the Jury and Review Board: members are chosen among experts that are in no way connected with the marketing communication industry and may therefore issue their judgements being totally independent and impartial.

Code updating

There are other aspects to be considered that are peculiar to the system.
The constant and timely updating of the Code, which makes its rules able to keep pace with the times and developments of the advertising industry, both at national and international levels, thanks also to the opportunity of singling out specific issues emerging from past experience.
The sphere of application covered by such rules, even beyond the commitment undertaken by all the associations and corporations which make up the Istituto is extremely wide. In fact, many contracts concerning marketing communication contain an "acceptance clause" that is acknowledged as lawful practice also by the ordinary courts, which makes the respect of the Code – and what is more – the decisions made by the Jury or the Review Board are compulsory for all operators.

Where it applies

Application of the Code has had further expansion following the acknowledgement of the validity of its rules and their inclusion in the collection of "Uses in the Field of Advertising" by the Milan Chamber of Commerce at first and subsequently by those of Turin and Bari. The rules of marketing communication self-regulation are therefore applicable by an ordinary judge in law-suits concerning unfair competition; a further confirmation of the validity of the self-regulatory choice and its widespread application.

How to complain

Complaining is cheap: anybody may, at no charge, report to the Review Board any message he deems to be in breach of the rules of the Code; charges to companies and advertisers involved in promoting a petition before the Jury are reasonable. Self-Regulation is a system aimed at being of service to all rather than as a law-suit deterrent.