Laws for influencers?
I participated in an article published by Correio Braziliense, in 28/05/2022 , on the regulation of the professional activity of influencers. My collaboration highlights that none of the legislative initiatives to date have made progress in the Legislative Branch. In the words of Camilla Germano:
The discussion on regulation for the activity of influencers has arisen within the scope of the Legislature, but the proposals presented so far have not yet been successful, as explained by Professor Henrique Araújo Costa, from the Department of Law of the University of Brasília (UnB). He details that there have been several attempts, since 2016, to vote on bills in the National Congress that help regulate the practice in Brazil. Many of them, however, were shelved.
In 2018, federal deputy Eduardo da Fonte (PP-PE) started the processing of a bill that aims to regulate the work of digital influencers. At the time, the document was shelved for lack of content. Bill No. 1138, of 2022, rescued this text in the Federal Senate, but with some reservations, in order to differentiate journalists from influencers, but the project was also shelved. (...)
Professor Henrique points out that, in Brazil, there is still no concern to regulate the action of influencers in the field of health, but points out that other topics are being debated. "Here, we are more concerned so far with children's rights, but this issue of the economy can be equally harmful. So the big question, since in this world we live in, influencers are organized into niches, is whether it needs to be regulated or if the (laws) that already exist are sufficient", he ponders.
In terms of advertising, there is the guide of the National Council for Advertising Self-Regulation (Conar), which mentions a series of guidelines for commercial content on social networks, especially that generated by digital influencers. The "Influencer Advertising Guide" was created in December 2020 and gives guidelines and reinforces measures of the code of ethics.
However, Henrique explains that the guide is not regulatory in nature, but rather to instruct and guide professionals on what should be alerted and what does not need to be noted. In some cases, the Consumer Protection Code may apply, but the document does not comprehensively deal with advertising for influencers.
Read the full article here:
Laws for influencers? Experts explain what the rules are in Brazil
Australia has taken a big step in regulating the activity. Find out how the discussions are going in Brazil and what rules influencers must follow here
