The civil liability of social networks for damages caused by third parties in advertising gambling based on article 19 of Law Nº 12,965/2014, which establishes the rules for using the internet in Brazil

Abstract

In light of the continuous and significant growth of online gaming platforms, this research aimed to investigate the civil liability of third parties, usually digital influencers, in relation to unlawful forms of misleading advertising, within the scope of Article 19 of Law No. 12.965/2014. These advertisements, which serve as promotions, raise concerns regarding third parties—namely, digital influencers—who acquire videos with altered structures, intending to deceive individuals seeking easy profit through games of chance. Another common situation involving these third parties, mostly influencers, is the omission of relevant business information during promotions—for example, the likelihood of financial losses. Based on this premise, the general objective of the research is to identify the civil liability of social media platforms in relation to damages caused by third parties in the promotion of gambling. By disseminating advertisements that intentionally conceal crucial information and misrepresent actual conditions, it is evident that there is manipulation in both the operation and outcomes of these online games of chance. Therefore, social media platforms and their influencers can and should be held accountable.