A possibilidade de responsabilização civil dos influenciadores digitais na divulgação de publicidade (i)lícita

Abstract

The advent of the Internet and the emergence of social networks have transformed the patterns of communication between individuals, and as a consequence of the consolidation of online interaction platforms in today's society, especially those that prioritize the publication of visual content, the figure of digital influencers has emerged. These personalities have taken on a highly relevant role in contemporary society by sharing their opinions and tips on their communication channels. Given the position that these digital influencers assume, since they have become subjects with a high power of persuasion, actively influencing the purchases of their viewers, this study analyzes whether the advertising they produce is carried out lawfully, and if it is not, whether these personalities in the digital world can be held civilly liable in the event of causing damage to their audience, which is why this work is relevant. Thus, an exploratory study was conducted through bibliographic and documentary analysis, developing it qualitatively using the hypothetical-deductive method, concluding that digital influencers should be held civilly liable if they engage in illicit advertising, causing damage to those affected by it, considering that despite appearing as third parties in the consumer relationship, only acting as intermediaries, they act in such a way as to be equated to the supplier itself, given that they assume a role of great relevance in the current scenario. Thereby, the work in question assists those who bear the losses resulting from illicit advertising, clarifying the legal and ethical limits of this consumer relationship, which should protect the most vulnerable party, the consumer.