Newsletter
23 de June de 2025
Navigating the Digital Spotlight: Recent Developments in Influencer Liability in Brazil
The rise of digital influencers has profoundly reshaped marketing, transforming how brands connect with consumers. In Brazil, a country with one of the most engaged social media audiences globally, the power of these digital voices is undeniable. However, with great influence comes great responsibility, and recent developments in Brazilian law and regulatory interpretations are increasingly focusing on the liability of influencers for their commercial posts and speech.
This shift underscores a crucial evolution in consumer protection and advertising ethics, moving beyond solely holding advertisers accountable to now encompassing the influencers themselves. For brands and legal professionals alike, understanding this evolving landscape is vital.
The Brazilian Legal Framework: A Foundation for Responsibility
While specific legislation for “influencers” is still developing in Brazil, currently their activities are primarily governed by:
- Consumer Protection Code (“CDC”): This foundational law holds suppliers (which can include influencers acting as advertisers) responsible for false, misleading, or abusive advertising. It emphasizes the consumer’s right to clear and accurate information.
- CONAR (National Council for Advertising Self-Regulation): As Brazil’s self-regulatory advertising body, CONAR has been instrumental in shaping ethical guidelines for the advertising industry. Its Digital Influencer Advertising Guidelines, first issued in 2020 and continuously updated, provide crucial recommendations for the industry and while these guidelines are not legally binding in the same way as federal law, they are widely respected and adhered to by the advertising industry and often serve as a strong basis for judicial decisions.
Key Developments and Areas of Focus:
Recent discussions and actions highlight several critical aspects of influencer liability:
- Transparency and Disclosure:
CONAR’s Stance: The primary and most consistent requirement is the clear and ostensible disclosure of sponsored content. Influencers must ensure their audience can easily identify a post as advertising, typically using hashtags like #publicidade, #publi, or #ad. The key is that the commercial nature is immediately apparent, even amidst organic content. CONAR continues to actively review complaints related to lack of disclosure, often recommending changes or even suspension of campaigns.
2. Truthfulness and Non-Misleading Information:
CDC Application: Influencers can be held liable under the CDC for promoting products or services with false, misleading, or unsubstantiated claims. This includes exaggerations that could deceive the consumer regarding product benefits, characteristics, or results.
Betting Advertising: The significant number of influencers promoting online casino games caused the reaction of regulators (Prizes and Betting Secretariat (SPA) which issued a rule (Ordinance SPA/MF 1.231/2024) explicitly holding betting operators responsible for the promotional and marketing activities of their contracted influencers.
3. Social Media Platform Liability:
Supreme Court Decision: In a landmark decision in June 2025, Brazil’s Supreme Court formed a majority to reinterpret a provision of the Brazilian Internet Law (Article 19) and make social media companies potentially liable for illegal content posted by users. While this primarily addresses issues like fraud and child exploitation, it could have broader implications for how platforms moderate commercial content and respond to IP infringements, indirectly influencing influencer conduct.
What This Means for Brands and Influencers:
- For Brands (Advertisers and their Ad Agencies):
Due Diligence is essential: Thoroughly vet influencers, not just for reach, but for ethical conduct, alignment with brand values, and understanding of legal obligations.
Clear Contracts: Implement detailed agreements specifying disclosure requirements, content accuracy, compliance with CONAR guidelines and relevant laws (e.g., SPA Ordinance for betting), and robust indemnity clauses.
Active Monitoring: Do not just set it and forget it. Actively monitor influencer content to ensure compliance throughout the campaign.
Shared Responsibility: Have a clear understanding that in many cases, liability can extend to the brand itself for the influencer’s actions.
- For Influencers:
Know Your Responsibilities: Ignorance of the law or CONAR guidelines is not an excuse. Understand your obligations regarding disclosure, truthfulness, and ethical promotion.
Be Transparent: Always clearly and conspicuously disclose commercial relationships.
Review Contracts Carefully: Understand the terms of your agreements with brands and agencies, including liability clauses.
The landscape of influencer marketing in Brazil is maturing, with a growing emphasis on accountability and consumer protection. By staying informed and adopting best practices, both brands and influencers can continue to harness the power of digital influence responsibly and ethically, building trust and ensuring the integrity of the market.
We are ready to assist you in navigating these complex legal developments. Please reach out for strategic advice on influencer marketing campaigns, contract drafting, and compliance in Brazil.
If you have any questions or need additional clarification, please contact us by email: fernanda.magalhaes@kasznarleonardos.com
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