The civil liability of digital influencers in the disclosure of gambling games: An analysis in light of the Consumer Protection Code

Abstract

The rise of digital influencers in the consumer market demands an urgent legal discussion about their civil liability, especially concerning illicit advertising practices in the digital environment. The Consumer Defense Code (CDC) is crucial for consumer protection in this scenario. This study's primary objective was to analyze the role of these figures in consumer relationships, focusing on the advertising of gambling. We explored Brazilian regulations on gambling and the CDC's guidelines and prohibitions related to advertising. The methodology included examining references and analyzing relevant legislation, as well as a critical evaluation of content promoted by influencers. The research also drew upon understandings from renowned legal scholars in Consumer Law. The results outlined the contours of advertising practices and their impacts, highlighting the accentuated vulnerability of consumers in the digital market, intensified by influence marketing and the risks of excessive and often uncritical consumption of online games. It was found that, despite doctrinal nuances and controversies, arguments supporting the objective and joint liability of influencers under the CDC are significantly strong.