THE POSSIBILITY OF LIABILITY OF DIGITAL INFLUENCERS THROUGH ADVERTISING DISCLOSED IN FRONT OF THE CONSUMER CODE

Abstract

This article aims to examine the legal and juridical panorama of the applicability of the Consumer Defense Code in the consumption bonds that the digital influencer participates. It refers to a bibliographical research, through a qualitative approach, with a deductive method, which aims to identify and examine which responsibility is attributed to the influencer, the possible forms of liability they may suffer, the way they use the existing tools for their own promotion or that of third parties, involving individuals and legal entities. Once it was established that digital influencers are co-responsible for the results of their illicit advertising, especially when they do not demonstrate the advertising character of the publication or do not provide the relevant and indispensable information in the propagation of their products that provide harmful events to consumers. Therefore, the CDC imposes on all those involved in the consumption relationship the joint and several liability upon damages and equates the digital influencer to the definition of supplier.