La responsabilidad civil del influencer por daños al consumidor.

Abstract

An influencer is a natural or legal person who uses their reach on social media to promote products or services to their audience. The responsibility of content creators for risky activities is debated; while part of the doctrine holds that acting on social media does not inherently involve risk, others argue that advertising entails a duty of foreseeability that makes them responsible for the content they disseminate. In Argentina, the lack of specific legislation leads to the application of general consumer law: when the promotion involves their own product, the influencer bears the obligations of the supplier; while they act as a consumer when giving a personal opinion on a product. If they advertise third-party products, they must fulfill the duty to provide information, particularly by identifying the advertisement as such. When they fail to do so, there is a debate in the doctrine regarding their liability for damages to the consumer due to false advertising, abusive advertising, or covert advertising. Another point of debate is whether joint liability under article 40 of Law No. 24.240 applies; some scholars argue that it does not, and that the specifics of each case must be considered. We share this perspective.