THE CIVIL LIABILITY OF DIGITAL INFLUENCERS FOR MISLEADING ADVERTISING ON SOCIAL MEDIA IN LIGHT OF THE CONSUMER PROTECTION CODE

Abstract

This research focuses on analyzing the civil liability of digital influencers for misleading advertising on social media in light of the Consumer Protection Code. The growth of digital media and the rise of influencers as active agents in promoting products and services have provoked relevant discussions about the legal limits of these individuals' actions. Based on this premise, the following question arises: How can the judiciary hold digital influencers liable in cases of disseminating misleading advertising based on the Consumer Protection Code? Based on this problem, the general objective of this study is to analyze the civil liability of digital influencers in the face of the dissemination of misleading advertising on social media, in light of the Consumer Protection Code. To achieve this purpose, the specific objectives are: to contextualize the current legislation applicable to misleading advertising, with emphasis on its applicability to digital influencers; to point out how such practices interfere with the behavior of the target audience, considering the most recurrent marketing strategies; This study aims to identify the main types of deceptive practices and the factors that contribute to their proliferation, and finally, to evaluate the legal and social impacts arising from these behaviors, both in terms of harmed consumers and the legal consequences faced by influencers. The methodology adopted was qualitative in nature, based on bibliographic and documentary research, with an overview of doctrinal, legislative, and jurisprudential legal analysis, as well as books and scientific articles. The results obtained at the end of the research indicate that this study can contribute to the contemporary legal debate, offering support for better regulation of advertising activity in the digital environment and for the effective protection of consumers in the context of new media.