ARESPONSABILIDADE CIVIL DOS INFLUENCIADORES DIGITAIS NA PUBLICIDADE: REFLEXOS NA SOCIEDADE DE CONSUMO

Abstract

This work addresses the civil liability of digital influencers in context of the consumer law. It raises essential questions about the liability of digital influencers, including the nature and extent of the civil liability and the need for idemmity. In addition, this work examines the classification of sub celebrities in the consumers chain and competent authorities to judge the case. Additionally, this study investigates practical cases of decisions made by CONAR in the context of advertisement evolving digital influencers and some precedents associated with this theme. Finally, this work compares pre-existent laws with French legislation that was approved in 2023. Is this liability viable? What’s the nature and extent of digital influencer’s civil liability when advertising products and services? Throughout this work, all these questions will be answered, including the type of liability applied to influencers when they share advertisements that violate the Brazilian consumer laws. The methodology in this work consists of reviewing the existing literature, conducting a critical analysis of the practical cases from CONAR, as well as some precedents. Finally, it examines the application of this liability in those cases.