CIVIL LIABILITY OF DIGITAL PLATFORMS FOR SPONSORED CONTENT

Abstract

This paper aims to analyze the civil liability of digital platforms in relation to sponsored content that is published on their pages. With the significant growth of the online advertising market, digital platforms have become important intermediaries between advertisers and users. However, with this prominent position, questions also arise about the liability of these platforms in relation to sponsored content, especially in cases of publication of misleading or harmful information. Thus, the objective of this study is to understand how Brazilian legislation addresses the civil liability of digital platforms in these cases, as well as the judicial decisions already handed down on the subject. To this end, a bibliographic and documentary research was carried out, with the analysis of laws, doctrines and case law related to the subject. It was found that the Brazilian Civil Rights Framework for the Internet, although it does not exclusively deal with the civil liability of digital platforms, establishes general principles that can be applied in these cases, such as freedom of expression and network neutrality. Furthermore, the Consumer Protection Code and the Civil Code are also used to support arguments about the platforms' liability in these cases. Regarding court decisions, it was observed that most of them hold the platforms liable for misleading sponsored content, considering them as service providers and, therefore, responsible for the damages caused to users. However, there is still no uniformity in the decisions, which generates legal uncertainty for the platforms and advertisers involved. In view of this, it is concluded that there is still an open debate about the civil liability of digital platforms in relation to sponsored content. Greater legal depth and clearer solutions are needed by the Judiciary in order to balance the interests of those involved and ensure legal certainty in this constantly evolving market.