Disclosure is mandatory, and most creators already do it. It’s important for establishing a relationship of trust with followers.
However, others may not realize that failing to identify content as advertising means not complying with the rules of CONAR (Brazil’s National Council for Advertising Self-Regulation) and the Consumer Protection Code.
Federal Law No. 8,078
CONAR requires advertising content to be clearly identified in order to comply with the law established by the Consumer Protection Code, which applies throughout Brazil. The goal is to ensure that people can recognize when content is advertising, as well as to prevent the spread of misleading information.
The Role of Brands
Brands must also ensure that the influencers or other creators they hire comply with the law and hold them accountable. After all, transparency is essential to maintaining consumer trust.
In 2019, YOUPIX — a business consultancy specializing in the influencer economy and digital communication — conducted the Creators and Brands survey with content creators. Most respondents (78%) said they labeled their brand-sponsored posts with #publi.
In 2021, the Creators and Business survey showed that the percentage of respondents who said they labeled their sponsored posts had increased (86%). On the other hand, it also found that 25% had, at some point, received requests from brands not to disclose that a post was paid for. But there is only one rule: if there is a commercial relationship behind the content, it must be clearly disclosed through expressions or hashtags that are visible and understandable to the audience.
#advertising
Many Brazilian influencers label their paid posts with #ad, a practice commonly used by creators abroad. However, in Brazil, the correct approach is to disclose advertising in Portuguese: #publicidade #publi #publipost.
On this platform, one of the fastest-growing social networks in Brazil, the frequency of undisclosed advertising has been increasing exponentially, even on the profiles of well-established professionals or creators with channels boasting more than 1 million subscribers — in other words, influencers with established careers who are highly active in the digital space. Stories, a feature of the platform, make potential regulatory oversight more difficult because they remain available for only 24 hours.
The law is the law, and it must be respected. After all, disclosing that advertising is advertising doesn’t mean that content created through partnerships between brands and creators can’t be interesting, useful, and engaging!
If you’d like to learn how to properly disclose your advertising activities, access the CONAR Guide — ADVERTISING GUIDE FOR DIGITAL INFLUENCERS.
