O papel dos influenciadores digitais na promoção de jogos de apostas online: uma análise sobre as práticas publicitárias e a proteção ao consumidor

Abstract

This article analyzes the liability of digital influencers in promoting online gambling, focusing on the legal implications related to misleading and abusive advertising. The main objective is to investigate to what extent influencers can be held liable for gambling advertising campaigns, considering Brazilian legislation, such as the Consumer Protection Code. The research was conducted through a literature review, based on studies on national and international regulations, in addition to the analysis of legal cases involving influencers and gambling platforms. The study also addressed concepts such as misleading and abusive advertising and the liability of digital influencers on social media. The results show that, although Brazilian legislation provides for the liability of influencers, there are gaps in the regulation that hinder the efficient application of the laws in the digital environment. It was identified that many influencers promote gambling without adequate clarification about the financial risks, which characterizes a practice of misleading advertising. The conclusion is that there is a need for regulatory improvements with regard to the liability of influencers involved in gambling advertising campaigns. The research highlights the importance of creating more specific standards to regulate these practices in the digital environment, aiming to protect consumers. Furthermore, it is important to highlight the importance of future studies that deepen the analysis of the impacts of these campaigns on individuals and the effectiveness of the regulations currently in force.