The civil liability of the digital influencer for unlawful advertising carried out

Abstract

This article aims to discuss the issue of civil liability of digital influencers in the face of illicit advertising carried out by them. For this purpose, it was essential to discuss the consumer relations established by these web professionals, addressing the emergence of the Code of Consumer Protection and the contemporary application of this rule. The considerations about the special protection given to the consumer and those related to the concept of equivalent supplier also contributed to the proposed objective. Additionally, it was sought to present the concept of digital influencer and reflect on the performance of these professionals, considering the principles that regulate the interaction between influencer and consumer, particularly with regard to the illicit advertising they spread. Finally, the analyses conducted led to the conclusion that it is possible to hold the digital influencer civilly liable in situations which he or she incurs in illicit advertising – clandestine, misleading or abusive.