Civil liability of digital influencers in betting company advertisements

Abstract

The popularization of social media and the growth of influencer marketing have transformed consumer relations and persuasion mechanisms in the digital environment, creating new challenges for the law. In this scenario, the role of digital influencers in promoting betting sites raises a central question: to what extent can these influencers be held civilly liable for any damages caused to consumers as a result of promoting online betting? Given this problem, this study aims to analyze the ethical and legal limits of influencers' actions in the digital environment, especially when advertising is misleading, abusive, or omits essential information. The research uses a deductive method, with a qualitative approach, based on bibliographic, documentary, and jurisprudential analysis, involving legislation, judicial decisions, and regulations of the National Council for Advertising Self-Regulation (CONAR). The results show that, although the Civil Code and the Consumer Protection Code provide sufficient grounds for the joint liability of influencers, the normative void and the absence of specific regulations still hinder the uniform application of civil liability in this context. It is concluded that there is a need for legislative updates and strengthening of digital advertising ethics, in order to reconcile freedom of expression with consumer protection and transparency in online commercial communication practices.