Real ou fake? o retoque em imagem publicitária, responsabilidade civil de influenciadores e o projeto de Lei nº 997/23

Abstract

In the digital age, influencers play a crucial role by promoting products and services in an attractive, sometimes idealized. This raises questions about their liability when publishing retouched advertising images. The goal of this work is to identify the possibility of imputing civil liability to digital influencers for the retouching of images in advertising campaigns, which can result in damage to consumers and therefore have an impact on consumer relations between the parties. Additionally, it seeks to address the legal interpretations involving the civil liability of these new professionals. Initially, the document explores the concept and characteristics of digital influencers, highlighting the role of social networks and the society of exposition as determining factors in this new work model. It then examines advertising in the light of the Consumer Protection Code and the Federal Constitution, pointing out the principles involved, the types of advertising considered illegal and how influencers have become agents in this digital marketing scenario. Finally, it discusses civil liability according to the Civil Code and the Consumer Protection Code, and possible imputations regarding the civil liability of digital influencers and how they could be held liable for misleading advertising made through retouched images in the promotion of products on their social networks, and how the Bill No. 997/23 understands the need for a warning message in advertising pieces that contain digitally modified images, promoting respect for consumer protection.