Limits and possibilities of parental responsibility for advertisements by children and adolescents on social media

Abstract

With the increasingly frequent use of social media by children and adolescents, a new category of child digital influencers has emerged; among the content they post, they feature paid advertisements for brands and products on their profiles. Given this scenario, through a review of the literature and case law, this study aims to analyze whether it is possible to hold parents or guardians civilly liable for children and adolescents’ activities as digital influencers, including with regard to advertising issues. This study is significant given the novelty of the topic, as it analyzes situations in which children and adolescents are present on social media as influencers, and seeks to contribute to the body of literature on the subject, taking into account theoretical and legal principles such as the comprehensive protection and absolute priority of the child and adolescent population. Finally, it is concluded that although it is possible to apply a systematic interpretation to the topic, there remains a gray area regarding the regulation of artistic work on social media performed by children and adolescents, which could compromise these individuals’ right to their own image.