Meios e Publicidade published an interview with João Torres, Secretary of State for Consumer Protection, regarding the use of influencers as a means of publicizing products and services. Second secretary, there is a guide on the Rules and Good Practices in Business Communication in the Digital Environment, which includes the influencers, who must follow the same rules. That is, the so-called influencers, which include producers of video content for YouTube or those using social networks like Instagram, Twitter and Facebook, are subject to the same rules of commercial communication.
According to the publication, one of the rules consists of the obligation to identify as advertising any publication of an influencer in its social networks that implies cash payments or the offer of products, travel, stays, experiences or discounts. All publications that include links or discount codes promoting the products and services are also considered and must contain the term Pub (or #pub) to be identified or applicable as "sponsorship, partnership or offer".
There are also limitations of publicity to minors, protected by law, such as gambling, betting, alcoholic beverages, health and even consumer credit, for example. According to João Torres, the identification of products "is already regulated by article 8 of the Advertising Code, valid for the digital domain, and the influencers must clearly and unequivocally identify the commercial content of communications made on the internet and social networks."
This means that infringements related to the omission of identification will have applicable fines, provided for in the Advertising Code itself, although no fine has yet been imposed on the influencers.