CIVIL LIABILITY OF DIGITAL INFLUENCERS TOWARDS CONSUMERS

Abstract

The legal responsibility of digital content creators is a topic of increasing importance in the current context. With the rapid growth of social media and influencer marketing, legal issues arise regarding the activities of these influencers. Civil liability involves the legal obligation to compensate losses caused to third parties. Digital content creators have considerable power of reach and persuasion over their audiences, which increases the responsibility associated with their actions and content. The present study sought to investigate whether digital influencers can be held civilly liable to their followers due to advertisements published on their social networks and whether the interaction between the influencer and followers can be considered as a consumer relationship. The research will use a deductive approach, combining exploratory and documentary techniques, through bibliographical review, using doctrinal understandings, legislation and practical cases. It is concluded that the responsibility for compensating the consumer falls primarily on advertisers, however, digital influencers can be held responsible for promoting products or services on their social media, being considered as equivalent suppliers, applying the Consumer Protection Code. Consumer and objective and joint liability, to guarantee full consumer protection.