The civil liability of the influencer

Abstract

The increase in the use of social media has made it possible for anyone to become an influencer and, consequently, acquire great power of convincing. The bill on the legal regime of influencers, in progress since 2020, considers that the influencer's responsibility lies in their ability to generate publicity; therefore, they only respond if they violate consumer rights or go against any of the advertising rules. In this paper, I will argue that this approach is insufficient. It is dangerous to consider influence only as a marketing tool. On the contrary, I will explain that it is necessary to consider influence as a concept that can give rise to civil liability in a broad sense. To develop this thesis, I will present a diagram of several typical cases of damage caused by influencers, which have little or nothing to do with advertising, and which must give rise to the repair function, beyond the hermetic relationship of consumption.