The Advertising and Marketing Communication Self-Regulatory system finds its rightful role within the State's legislation, from which it draws its own legitimation.
In the early 1990's – after a period marked by a substantial lack of interest in the legal issues of advertising and at a time when Self-Regulation had already been able to show is worth – there was an absolute deluge of rules on the subject of advertising.

A deluge of rules

In the past, often following a stimulus from the European Community, the Italian legislator approved about ten different laws in about two years. By choosing to act in this way – the effect of which was to create uncertainty and confusion on the subjects of competences and relationships among the different authorities called upon to watch over correctness in advertising – what was left for the consideration and evaluation of the contribution offered by Self-Regulation was scarce.

Self-Regulation as an independent body

It should be remembered however that the self-regulatory rule lives as a separate, autonomous, freely created and accepted system, in respect of which the supremacy of State legislation manifests itself merely because it requires the agreement the self-regulatory rule arises from to be in compliance with the laws.

A plurality of judges

Self-Regulation has now come to confront itself with other judges on advertising who are often in a position that is alternative to their own. Such plurality of new judges called upon to issue decisions about advertising various fields (companies quoted on the stock exchange, banks, insurance in the companies, etc.) has brought about a new dangerous tendency, i.e. that of attributing competence on advertising communication in specific sectors to different bodies, instead of acknowledging the techical-cultural peculiarity of advertising communication, once the sectors concerning products and services that can be lawfully mentioned are clearly identified.

Authorities

Decree no. 74/92 has assigned to the Antitrust Authority general competence on the subject of repressing misleading advertising, under obligation of consulting with the Communications Regulatory Authority concerning advertisements on their media. This decree (repealed by legislative Decree no. 206 of 6 September 2005) also acknowledges self-regulation formally to the extent of allowing for the suspension of procedures with the Authorities where a procedure was previously started with the self-regulatory body.
In the full respect of the peculiarities of each, due to their different natures, origins and scopes of action, from a critical evaluation after a few years' activity of both, it may be noted with satisfaction that the two bodies (Jury and Antitrust Authority) tend to complement themselves in the control of advertising and can therefore get on well with their own peculiarities and affinities.
To this day, Self-Regulation, because of its particular operative structure, appears to be able to provide quicker responses to the complaints of both consumers and competitors. Its scope of competence has increased and, above all, it enjoys greater freedom of action and control owing to its being able to act officially against any breaches of the Code.

Delegated for pharmaceutical advertising

This fruitful collaboration, a result of the acknowledgement at community level, offers clear advantages ensured by self-control and self-regulation and has produced a self-regulatory system specific for the advertising of veterinarians and pharmaceutical products.
Such latest innovation is the result of a plan contained in legislative decree dated December 30, 1992, no. 541 and Ministry Decree on veterinary medicines 12 June 2003 which have enabled pre-vetting by the IAP on non-prescription medicines ads (except for television).
Thanks to the contribution of Assosalute, a special section was set up to provide such service within the Review Board. It consists of three Review Board members including the President and is backed by a group of experts who, in turn, take part in its activity offering their advice merely on technical and scientific issues.