CONAR updates Influencers Guide in line with the new requirements for transparency and protection in the digital environment

The National Council for Advertising Self-Regulation (“CONAR”) released, last Monday (11), the new edition of the Guide to Marketing and Advertising by Digital Influencers, updating the document originally published in 2020, which aims to guide the dissemination of commercial content on social networks. The initiative takes place in a context of increasing complexity of the digital ecosystem and greater regulatory attention on advertising practices on social networks, especially due to technological evolution that directly impacts the way content is produced and consumed, as well as new legislative frameworks, such as Law No. 15.211/2025 (Digital Statute of Children and Adolescents – ECA Digital)

Effective as of May 13, the new version reinforces transparency standards and introduces more detailed guidance regarding the use of artificial intelligence (“AI”) and the protection of children and adolescents, further strengthening self-regulation as a mechanism for promoting responsible advertising practices and preserving public trust.

The Guide expressly reaffirms that advertising content must be clearly identified, regardless of the format or platform used. Advertising disclosures must be prominent, visible, and immediately identifiable by users, without requiring additional interaction (such as clicking “see more”). The use of native platform tools or unambiguous labels such as “#publi” or “#advertisement” is recommended.

The document also clarifies that content may qualify as advertising even in the absence of direct monetary compensation, encompassing situations involving barter arrangements, indirect benefits, or any commercial relationship capable of influencing the content.

Another significant update is the inclusion of specific guidance on the use of artificial intelligence, reflecting recent developments in influencer marketing. CONAR establishes that content created, edited, or boosted using AI remains subject to the same ethical standards applicable to traditional advertising, making clear that technological tools do not mitigate transparency obligations or liability standards.

The protection of children and adolescents also takes center stage in the new Guide. The document reinforces that commercial communications directed at younger audiences must adopt even higher standards of clarity and caution, avoiding practices that exploit the credulity or inexperience of minors.

In this regard, the guidelines align with the recently enacted ECA Digital, reflecting an increasingly robust regulatory agenda aimed at protecting young users in online environments. Additional attention is also recommended regarding the identification of advertising content and the monitoring of campaigns involving influencers or young audiences.

Likewise, the Guide emphasizes shared accountability among influencers, advertisers, and agencies, highlighting the importance of governance structures and ongoing campaign oversight. Among its recommendations are the adoption of monitoring mechanisms and the implementation of corrective measures, including the amendment or suspension of non-compliant content.

As with other recent regulatory developments affecting digital environments, the updated Guide demonstrates CONAR’s efforts to keep pace with market evolution through practical and contemporary standards. The new guidance consolidates interpretative parameters already reflected in CONAR precedents and national legislation, increasing predictability and legal certainty for both influencer campaigns and consumers, particularly in light of the growing technological sophistication and economic relevance of this communication model.

The new guidelines therefore signal the need to review internal practices, contractual arrangements, and campaign approval processes involving influencers, particularly with respect to transparency obligations, emerging technologies, and the protection of vulnerable audiences. The Guide can be accessed through the following link.

We remain available to support risk assessments, review practices, and assist with adapting to the new requirements applicable to influencer marketing. For more information, please contact our team at: mkt&ent_law@kasznarleonardos.com.