A responsabilidade civil dos/das influencers digitais por publicidade abusiva e enganosa nas relações de consumo

Abstract

The present study seeks to analyze whether advertisements published in digital media, when unlawful, may give rise to civil liability directed at the figure of the influencer digital. It also aims to establish a historical line for the emergence of the influencer digital, its rise with the development of social media, in what way its influence acquires importance for the digital consumption market and, if this influence, is marketable between companies and brands. make a contextualization of what is the figure of the digital influencer, its appearance and the commercialization of its influence to companies, in order to configure its activity economical. The posts that the influencer shares on their social media, which can be identified as advertising activity, the regulation that can be applied and the position that the influencer occupies in this relationship. Furthermore, starting from the assumption that it is an advertising activity, it passes to a verification of which cases can be considered as illicit advertising, being abusive or misleading. In this logic, taking the activity of the influencer as a advertising tool, since the follower is recognized as a consumer and the influencer as an advertising provider, are attracted to the provisions of the Code of Consumer Protection to the influencer-follower relationship. Finally, bearing in mind the equivalent supplier theory and the regulation established by CONAR (Advertising Self-Regulation Council), there is a brief analysis of how the existing regulation is applied to influencers within the sphere of the Council