CONAR Publishes New Edition of the Digital Influencer Marketing and Advertising Guide

The Brazilian National Council for Advertising Self-Regulation (“CONAR”) has consolidated key guidelines through its new Digital Influencer Marketing and Advertising Guide (the “Guide”). The document reinforces and enhances the provisions set forth in the previous 2021 version, with the aim of ensuring greater accountability in influencer advertising, while promoting transparency and compliance with applicable laws and ethical standards.

The concept of “influencer advertising” has been significantly expanded to encompass any third-party content shared on social media through profiles of individuals, virtual entities, animals, avatars, or similar, with the purpose of promoting the consumption of products or services or enhancing brand visibility, provided that reciprocal commitments exist between advertisers and influencers.

The characterization of such reciprocal commitments does not depend on formal contractual arrangements and may arise from non-formalized agreements. In any case, the existence of consideration tied to the dissemination of the advertising content is required, such as payment, commissions, or other benefits. The concept also covers situations in which influencers promote their own brands or act as ambassadors, partners, or affiliates.

The Guide further emphasizes the requirement for clear and immediate identification of advertising, elevating it to a general rule, particularly in light of the increasing volume of advertising content on social media. Immediate consumer recognition of the promotional nature of the message must be ensured both through platform-provided tools and through the use of clear identifiers, such as hashtags.

Where content is directed at children and adolescents, heightened care is required in identifying its advertising nature, and such content must be clearly distinguished from other posts. In addition, where a campaign involves the participation of a child or adolescent, the following must be observed: (i) express consent from parents or legal guardians, along with supervision during the activity; (ii) an appropriate environment; and (iii) compliance with Law No. 15,211/2025 (“Digital ECA”) and Decree No. 12,880/2026, including, where applicable, the requirement to obtain judicial authorization.

The Guide also establishes guidelines for advertising content generated, edited, or targeted using artificial intelligence (“AI”) tools. All parties involved in the advertising chain remain responsible for the final content and must adopt due diligence measures to ensure that such content does not mislead consumers.

Content that drives engagement as a result of commercial promotions, such as sweepstakes, contests, and giveaways, must comply with the Brazilian Advertising Self-Regulation Code (“CBAP”) from the design stage of the campaign and, where applicable, with specific regulations governing commercial promotions, which are currently subject to prior authorization by the Secretariat for Prizes and Betting.

Finally, spontaneous user-generated content, created without any relationship or interaction with an advertiser or agency, does not constitute advertising. However, if such content is shared by advertisers on their own channels, it will be subject to applicable advertising regulations, including the CBAP and the Guide.

Based on the new Guide, CONAR highlights measures that may evidence diligence and good faith by the parties involved, including: 

• Training internal teams and external partners on advertising rules, particularly in campaigns involving influencers.

• Continuous monitoring of campaigns and posts, with mechanisms to correct, adjust, or suspend non-compliant content.

• Implementation of measures to comply with recommendations issued by CONAR’s Ethics Council.

• Careful selection of influencers, avoiding those with a history of repeated violations.

• Recordkeeping of measures adopted for compliance demonstration purposes.

• Promotion of educational and awareness initiatives throughout the ecosystem, including with the support of CONAR and digital platforms.