ADVERTISING ON SOCIAL MEDIA: AN ANALYSIS OF THE CIVIL LIABILITY OF DIGITAL INFLUENCERSADVERTISING ON SOCIAL MEDIA: AN ANALYSIS OF THE CIVIL LIABILITY OF DIGITAL INFLUENCERS

Abstract

This article analyzes the civil liability of digital influencers in advertising on social networks, considering its impact on consumer behavior. The research is based on the Civil Code, the Consumer Defense Code (CDC) and the Brazilian Advertising Self-Regulation Code (CONAR), examining the legal limits of product and service recommendations. Lack of transparency may constitute misleading advertising by omission, violating the consumer's right to clear information. In addition, it investigates whether influencers can be considered suppliers, applying the objective liability of art. 14 of the Consumer Defense Code (CDC). The methodology includes bibliographic and documentary research, analyzing recent legislation and specifications. The results indicate that current regulations are insufficient to protect consumers from abusive advertising practices on social networks. The study reinforces the recognition of the liability of influencers, especially in cases of misleading advertising, but there are still challenges in proving the causal link. It is concluded that specific standards and greater oversight are essential to ensure legal certainty and transparency in digital advertising. Furthermore, making influencers aware of their ethical and legal responsibilities is essential to minimize negative impacts on consumers.