The National Advertising Self-Regulation Council (“CONAR”) published, on May 12, 2026, a new edition of the “Guide on Marketing and Advertising by Digital Influencers”, which entered into force on May 13, 2026, and will become effective as of June 1, 2026. The new guide sought to clarify and further detail definitions already provided in its first edition (published in 2021), in addition to introducing new provisions particularly related to the protection of children and adolescents, in order to align it with Law No. 15,211/2025 (“Digital ECA”), as well as provisions regarding the use of artificial intelligence.
The Guide now provides a more detailed definition of the concept of “influencer advertising”. CONAR now considers influencer advertising to be content disclosed on social media by natural persons, virtual profiles, animals, avatars, or characters, with the purpose of promoting products, services, or brands, provided that, cumulatively, there is a relationship of reciprocal commitments between the influencer and the advertiser, linked to some form of compensation, benefit, or material connection.
Compared to the previous edition, CONAR clarified that the figure of the digital influencer is not restricted to profiles of natural persons and may also encompass other types of profiles and characters.
In addition, another relevant amendment is the expansion of the concept of “material connection”. According to CONAR, the dissemination of content may be linked to different forms of relationship between influencer and advertiser, including, for example, the promotion of brands owned by the influencer himself or herself, as well as disclosures arising from the influencer’s role as ambassador, partner, or from other legal, commercial, professional, labor, and/or employment relationships with the advertiser.
The Guide also now provides for the possibility of using tools made available by the digital platforms themselves to identify paid content. In this context, CONAR recommends that influencers prioritize such mechanisms instead of using expressions such as “#advertising” and “#ad”.
As a result of the approval and entry into force of the Digital ECA, CONAR reinforced, in the new edition of the Guide, the need to comply with the ethical standards set forth in the general provisions of the Brazilian Advertising Self-Regulation Code (“CBAP”), especially the provisions of Article 37, which establishes the following duties:
- Refrain from exploiting children’s credulity and adolescents’ lack of experience;
- Reflect due care regarding the safety and suitability of content; and
- Ensure protection against advertising of products or services whose sale is prohibited to such audience.
This last duty is also set forth in Article 6 of the Digital ECA.
The new edition of the Guide further highlights the need to obtain authorization from parents or legal guardians, as well as judicial authorization, for the participation of children and adolescents in influencer advertising.
The new edition also expressly addresses the use of artificial intelligence (“AI”) in influencer advertising. The Guide emphasizes that, even in advertising content generated by AI, the provisions of the CBAP and the Guide itself remain applicable.
In the chapter dedicated to “Activated Messages” (a category encompassing gifted products, freebies, and content arising from engagement actions), the Guide reinforces the need to observe the principle of transparency in influencer advertising.
In this context, CONAR clarifies that, even in situations where the content does not arise from a prior arrangement between the parties for its disclosure, and where there is no advertiser interference over the message, it remains advisable to observe the general principle of transparency. To this end, the Guide suggests that influencers use expressions such as “#gifted”, “#brandInvitation”, and “Thanks to [brand] for the [product, trip, invitation]”, among other similar indications.
In addition, the Guide now expressly provides that, in cases where the content is generated exclusively at the influencer’s own initiative, without any relationship, intervention, or connection with the advertiser, agency, or their representatives, any liability for irregular content shall be attributed exclusively to the influencer and his or her agents.
On the other hand, CONAR reiterated a provision already included in the previous edition of the Guide, according to which, if advertisers share user-generated content on their own channels or social media profiles, such publications become subject to the rules applicable to advertising.
Finally, when addressing compliance actions, governance, and educational initiatives, CONAR lists examples of best practices recommended to advertisers, agencies, influencers, and other advertising industry participants, among which the following stand out:
- Compliance with ethical and legal standards applicable to advertising, with special attention to advertising disclosure, accuracy of information, and rules applicable to restricted sectors;
- Guidance and training for internal teams and partners regarding compliance with advertising rules in campaigns involving influencers, creators, and affiliates;
- Monitoring campaigns and adopting measures to correct, adjust, or suspend irregular advertisements;
- Compliance with recommendations issued by the Ethics Council regarding the amendment, adjustment, or suspension of advertisements; and
- Careful selection of influencers and creators, avoiding partners who are repeat offenders or have previously been sanctioned by CONAR.
In addition, CONAR highlights the importance of maintaining records of the compliance measures adopted, especially for potential submission in complaints and proceedings conducted before the entity.
