In Brazil, advertising is subject to different legal considerations based on Constitutional, Civil, Intellectual Property and Data Protection Law, amongst other areas.
Cases related to advertising are dealt with before the Brazilian civil courts, as well as by the Brazilian Advertising Self-Regulation Authority (CONAR), which handles the cases of its members as well as consumer complaints.
In a recent article (in Portuguese), we highlighted how due increased internet access, advertising campaigns on digital platforms have increased exponentially. In fact, as explained in the article, Brazil is already ranked 4th in the world in a terms of people using social networks (approx. 95.2 million people).
The recent increase of digital influencers and judicialization in respect of this practice added further pressure on CONAR to consider questions on ethics and transparency.
At the end of 2020, the authority launched practical guidelines with best practices for digital influencers (the Portuguese language “Guia de Publicidade por Influenciadores Digitais” can be accessed here).
The guidelines contain useful information, including on the nature and categorization of advertising content, the applicable ethical standards to be applied, and the type of identification that must be used by digital influencers in specific situations.
For example, the guide explains that a tag used to identify content as an advertisement should be transaparent and clearly identifyable by the specific consumer audience.
CONAR’s clarifications on these issues is welcome as it gives companies the opportunity to implement best practices into their activities and also to reflect these in their policies and contracts.
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