É apenas entretenimento?: análise da responsabilidade civil dos influenciadores digitais frente à publicidade de jogos de azar online

Abstract

Given the significant increase in online game of chance platforms, this work seeks to investigate the civil liability of digital influencers in the face of illicit advertising of online game of chance. Such advertising presents two problems: the first, it refers to digital influencers receiving ready-made and manipulated videos to publicize their participation in the games as if they were their real earnings and, the second, concerns influencers omitting essential business information at the time of disclosure, for example, the possibility of economic loss. Given this context, the general objective of the research focuses on analyzing the possibility of holding digital influencers who practice such conduct civilly liable, taking into account damages caused to third parties. The specific objectives of the study are to carry out an examination of the role of digital influencers in modern society, address the conceptual and legal aspects of game of chance in the national legal system and observe the understanding of the Superior Court of Justice regarding the responsibility of celebrities for illicit advertising, in order to relate it to the phenomenon of influencers today. The study is based on research with a deductive method, based on a bibliographical review, using scientific articles, theses and doctrines, normative and specific devices. The hypothesis tested is that when publishing advertisements that hide essential information or simulate situations that are not real, the functioning and results of online game of chance are being manipulated, therefore, the digital influencer may be held responsible.