As Bruno Garcia Redondo points out, misleading advertising is any form of commercial communication that misleads consumers, whether by omitting relevant information, exaggerating benefits, or presenting falsehoods. On social media, this practice has become harder to identify, as it is often disguised as personal opinion or spontaneous recommendation.
Influencers—individuals with significant reach and persuasive power online—have become extremely effective advertising vehicles, and for this reason, they are also susceptible to the misuse of that influence. The typical informality of posts on platforms like Instagram, TikTok, or YouTube often leads many followers to be unaware that they are being exposed to paid or sponsored content, which constitutes a breach of the transparency required by law. Read on to learn more!
Why do influencers have such a responsibility in their communication with followers?
Influencers occupy a role similar to that of traditional celebrities, but with a crucial difference: a direct and trusting relationship with their followers. When an influencer recommends a product, their fans tend to trust that recommendation more than they would a conventional advertisement. This creates an additional responsibility regarding the accuracy of the information shared.
Bruno Garcia Redondo explains that by promoting a product that does not deliver on its promises or poses health and safety risks, the influencer can directly contribute to consumer deception. In this scenario, followers are not only misled but also become victims of the credibility transferred from the influencer to the advertised brand.
How does Brazilian legislation address disguised advertising on social media?
Brazilian legislation, through the Consumer Protection Code (CDC) and the Advertising Law (Law No. 4,680/65), already prohibits misleading practices in any form of advertising. In 2021, the National Council for Advertising Self-Regulation (CONAR) reinforced this understanding by issuing specific recommendations for digital influencers.
@brunogarciaredondo0Direito Administrativo e gestão pública_ Bruno Garcia Redondo explica sua importância O Direito Administrativo garante transparência, eficiência e controle na gestão pública. O professor Bruno Garcia Redondo destaca como esse ramo jurídico impõe limites aos gestores, promove fiscalização e assegura a boa aplicação dos recursos públicos. Saiba como ele impacta diretamente a sociedade e fortalece a confiança nas instituições. #BrunoGarciaRedondo #BrunoGarcia #BrunoRedondo #QueméBrunoGarciaRedondo #OqueaconteceucomBrunoGarciaRedondo #ProcuradorBrunoGarciaRedondo #ProcuradordauerjBrunoGarciaRedondo
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According to Bruno Garcia Redondo, one of the main requirements is that all advertising must be clearly identified, using hashtags like #publi or #paid partnership. The absence of this indication can constitute an infraction, subjecting both the influencer and the brand to penalties, including demands for public retraction or fines. The Internet Civil Framework also contributes by providing for the accountability of those who publish illegal content, even on digital platforms.
Can influencers be held legally accountable for misleading advertising?
Yes, influencers can be held legally accountable when they disseminate misleading advertising. Bruno Garcia Redondo emphasizes that even if they are not the direct creators of the campaign content, by sharing false or omitted information without proper notice that it is advertising, they become co-authors of the unlawful act. Brazilian courts are beginning to establish case law recognizing joint liability between the influencer and the contracting company.
However, the public should be vigilant for subtle signs indicating disguised advertising, such as excessively positive recommendations, lack of criticism, or language patterns typical of marketing. The presence of sponsored links, personalized discount coupons, or repeated keywords are other common indicators.
In summary, Bruno Garcia Redondo stresses that if consumers feel they are being deceived, they can report the post to CONAR, Procon, or even directly to the platform where the content was published. Many apps and social media platforms already have mechanisms to report misleading content. This active participation from the audience is essential to curb abuses and strengthen the culture of responsible advertising.
Author: Eura Tymal
