FASHION LAW, DIGITAL INFLUENCE AND HUMAN RIGHTS

LEGAL AND ETHICAL CHALLENGES IN FASHION ADVERTISING ON SOCIAL MEDIA

Resumo

The rise of social media as a primary space for interaction and content circulation has significantly reshaped the way products and services are promoted, particularly in the fashion industry. Consequently, digital influencers have become key players in contemporary advertising, endorsing brands through seemingly spontaneous content that is, in fact, highly persuasive. From this perspective, this paper aims to provide a critical analysis of this phenomenon through the lens of Fashion Law and Human Rights, addressing the legal and ethical challenges faced by these agents—especially in relation to consumer protection, transparency in commercial relationships, and the regulation of digital advertising. Based on qualitative methodology and documentary analysis, the study explores how the lack of formal contracts or clear clauses may lead to abusive practices for both influencers and consumers. In a further step, it investigates the civil and criminal liability of content creators in the face of misleading advertising, the omission of public information and damaging public image and general health - as in the case of the promotion of products that do not follow technical or regulatory standards. The work underscores the weakness of Brazilian legislation in the face of new kinds of advertisements, often masked as personal opinion or routine, paying particular attention to vulnerable publics, such as young people. By connecting the discussion to Fashion Law, it is suggested that the urgency of specific legal mechanisms for the fashion business, which considers the complexity of the relationships between brands, digital social platforms and consumers, should be reflected upon. The study also addresses issues such as image rights, intellectual property of collections promoted by influencers, as well as the need for clauses in contracts that contemplate ethical responsibilities and transparency standards.
In conclusion, this work understands influencer marketing as a social, economic, and cultural phenomenon that demands a regulatory framework capable of ensuring a balance between innovation, freedom of expression, and responsibility. Hence, by linking Fashion Law and Human Rights, the aim is to contribute to proposals that ensure a more equitable, ethical and transparent digital environment for all those involved in the fashion industry.