CIVIL LIABILITY OF DIGITAL INFLUENCERS IN SPORTS BETTING ADVERTISING UNDER CONSUMER LAW

Abstract

This article analyzes the civil liability of digital influencers in sports betting advertising, especially in light of the expansion of platforms known as bets and the growing influence of these agents on consumer decisions. The research problem consists of examining to what extent influencers may be held civilly liable when they promote sports betting in an inadequate manner, particularly in cases of misleading advertising, omission of risks, or lack of clear identification of sponsored content. The general objective is to examine the legal limits of such conduct under the Brazilian Consumer Defense Code, the Civil Code, Law n.º 14,790/2023, and advertising self-regulation guidelines. The research adopts a bibliographic and documentary methodology. It concludes that, when acting in exchange for remuneration or economic advantage, digital influencers may assume duties of information, transparency, and good faith toward consumers, and may be held civilly liable when their conduct contributes to misleading the public, concealing relevant risks, or encouraging unrealistic expectations of profit.