THE RESPONSIBILITY OF DIGITAL PLATFORMS FOR SPONSORED CONTENT: CHALLENGES AND PERSPECTIVES IN CONSUMER LAW

Abstract

This study investigates the civil liability of digital platforms in relation to sponsored content published on their pages. With the growth of the online advertising sector, these platforms have become important among advertisers and users, but their position raises questions about liability, especially in cases of misleading or problematic information. The objective is to understand how Brazilian law treats this liability and to analyze court decisions on the subject. The research covered relevant legislation, doctrines and issues. The Brazilian Civil Rights Framework for the Internet, although it does not directly address civil liability, establishes regulatory guidelines, such as freedom of expression and network neutrality. The Consumer Defense Code and the Civil Code provide a basis for arguments about the liability of platforms. Court decisions hold platforms liable for fraudulent content, considering them to be service providers and, therefore, liable for damages to consumers. However, there is a lack of uniformity in the decisions, creating legal uncertainties for platforms and advertisers. The study concludes that the debate on the civil liability of digital platforms persists, requiring a more in-depth legal analysis and clearer solutions from the Judiciary to balance interests and ensure legal stability in a digital market.