Towards a new Framework for Child Protection: AGCOM Approves Age Verification Regulation for Online Platforms

New measures to protect minors from the risks associated with accessing adult websites are about to come into force in Italy, following the adoption of a regulation by AGCOM, Italy’s Communications Authority, requiring age verification for users seeking access to websites and video-sharing platforms offering pornographic content.

What Is the Legal Basis for This Regulation?

This new measure implements Article 13-bis of Legislative Decree No. 123 of 15 September 2023 - converted, with amendments, into Law No. 159 of 13 November 2023 (commonly referred to as the “Caivano Decree”) - which introduced an outright ban on minors accessing pornographic content. According to the Italian legislature, such content fails to respect minors’ dignity, jeopardizes their physical and mental well-being, and constitutes a public health concern.

The new rule complements the stricter provisions of Article 42 of Legislative Decree No. 208 of 8 November 2021 (known as the Unified Text on Audiovisual Media Services or TUSMA), which transposes Article 28b of Directive (EU) 2018/1808 (AVMS Directive) into Italian law.

Who Must Comply and What Are the Obligations?

Website operators and video-sharing platform providers who distribute pornographic images and videos in Italy must ensure that access to such content is restricted to users over the age of 18. This obligation is referred to as "age assurance" or "age verification."

What Role Does AGCOM Play?

AGCOM has been tasked with defining, through a dedicated regulatory act and in consultation with the Italian Data Protection Authority (Garante), the technical and procedural standards that website operators and video-sharing platforms must implement to verify users’ age. These measures must guarantee an appropriate level of security and uphold the principle of data minimization in line with the regulation’s objectives.

In early 2024, AGCOM launched a public consultation on a draft regulation to allow stakeholders to provide comments and request hearings. After incorporating feedback from 13 entities (including institutions, trade associations, consumer groups, and video platforms) and receiving a favorable opinion from the Data Protection Authority, AGCOM notified the final draft to the European Commission under Directive (EU) 2015/1535, as it constitutes a technical regulation. The Commission issued a detailed opinion, which AGCOM carefully considered.

What Does the New Age Verification Regulation Include?

The age verification system, defined by AGCOM and adopted via Resolution No. 96/25/CONS on 8 April 2025, requires the involvement of certified independent third parties to provide proof of age. The system is based on a two-step process - identification and authentication of the identified person - for each session of service use (e.g., accessing pornographic content via a website or platform).

For systems relying on device-based applications, a mobile app is made available to users to generate and certify age proof (e.g., a digital identity wallet or identity management app). Users can identify themselves and provide age proof to the accessed website or platform via the installed app.

The system guarantees a high level of security and protects personal data through a "double anonymity" mechanism: age verification providers cannot see which service the age proof is being issued for, and the proof shared with the website/platform contains no identifying user information.

AGCOM’s Principles: Neutrality and Robustness

AGCOM has adopted a technology-neutral approach while establishing key principles and mandatory requirements for the systems, including:

• Proportionality: A balance between verification means and the impact on individual rights

• Data protection

• Cybersecurity

• Accuracy and effectiveness: Minimizing error in age determination

• Accessibility and usability

• Inclusion and non-discrimination

• User education and information

• Effective complaint handling mechanisms

What Are the Penalties for Non-Compliance and the Implementation Timeline?

Video-sharing platforms and websites distributing pornographic content in Italy must comply with these requirements. Under Article 13-bis of the Caivano Decree, AGCOM has the authority to block access to any non-compliant site or platform until compliance is restored.

Service providers have six months from the publication date of the regulation to implement effective age verification systems aligned with the new requirements.

How Does This Regulation Align with the DSA?

As an Italian legislative measure, the age verification regulation will fully align with upcoming guidelines from the European Commission under the Digital Services Act (Regulation (EU) 2022/2065), particularly Article 28. The regulation may be updated or amended as needed to ensure compliance with the DSA framework.

Future Applications and Broader Implications

Although the current regulation is focused on age verification for accessing pornographic websites and video platforms, its scope may be extended in the future to include other online services unsuitable for minors, such as gambling and sports betting sites.

The system’s double-anonymity model and technology neutrality also make it adaptable for verifying a broader range of age thresholds. This could be instrumental in regulating minors’ access to social media platforms or e-commerce sites. Notably, the Italian Senate is currently debating legislation to raise the minimum age for social media access.

For more information:

👉 AGCOM Official Page on Age Verification Regulation

Source: AGCOM IT