The Brazilian Advertising Self-Regulation Council (Conar in Portuguese) has published the new edition of its Guide on Marketing and Advertising by Digital Influencers, originally released in 2020. This update, which will take effect as of June 1st, 2026, comes at a time when influencer marketing has become one of the main strategies of communication between brands and consumers in the digital environment.
More than representing a break from the previous rules, the new guide preserves the core logic already adopted by Conar and updates specific points to address a reality in which advertising, entertainment, personal opinion, benefits, trackable links, avatars, and user-generated content intertwine in increasingly sophisticated ways. In this article, we highlight the main changes introduced by the new guide and their practical implications for brands, agencies, and content creators.
Transparency remains the starting point
Advertising identification has always been a central guideline in the previous guide and remains an essential pillar in the new version. When the commercial nature of the content is not evident, Conar recommends using the platform’s native tools or clear expressions such as “#publicidade” or “#publi” (advertisement or ad, in Portuguese), in order to ensure the audience understands the message.
The guide further reinforces that the indication must be conspicuous, prominent, and visible in the first instance, without requiring the user to click “more content” or take any additional action in order to notice it. For brands and agencies, this means incorporating advertising disclosure as a structural element of the campaign from its conception, rather than as a last-minute operational adjustment.
Children and adolescents remain key to the discussion
The protection of children and adolescents is still a sensitive point in the new guide. Advertising content by influencers is often integrated into the creator’s editorial flow, making it difficult for young audiences to identify. In light of this, the guide highlights that identification of the advertising nature of the content should be enhanced when the communication involves this audience, so as to make the distinction between advertising and the influencer’s other content unequivocal.
The update also engages directly with recent discussions on the protection of children and adolescents in the digital environment. When addressing the applicable ethical rules, the guide expressly refers to the Digital Statute of the Child and Adolescent and reinforces safeguards such as:
- prohibition to exploit children’s credulity;
- prohibition to take advantage of adolescents’ lack of experience;
- and protection against advertising for products or services whose sale is prohibited to this audience.
Another relevant point concerns the participation of children and adolescents in advertising campaigns. The guide expressly mentions the need for consent and supervision by parents or legal guardians, an appropriate environment, and compliance with applicable legal requirements. In this context, it also notes that Decree No. 12,880/2026, which regulates the Digital Statute of the Child and Adolescent, provides for specific circumstances in which the participation and use of images of children and adolescents depend on prior court authorization.
For brands, agencies, and creators, campaigns targeting this audience or involving the participation of minors require an additional layer of due diligence. In addition to enhanced advertising disclosure, it is essential to carefully assess the target audience, how the message is presented, the context of participation of children or adolescents in the content, and the legal requirements applicable to the use of their image, including any court authorizations.
Commercial relationship matters, even when it is not obvious
The guide also provides further detail on what may characterize influencer advertising. The definition covers third-party content on social media, including profiles of natural persons, virtual influencers, animals, avatars, or computer graphics-generated characters, when intended to encourage consumption or promote brands based on reciprocal commitments with advertisers.
In practice, the analysis should not be limited to assessing whether a formal contract or direct payment is in place. The guide indicates that financial or non-financial consideration, commissions, benefits, or other material connections may be decisive in characterizing content as advertising. Brand ambassador relationships, commercial partnerships, professional bond with advertisers, suggested hashtags, content creation programs, and production support may also constitute relevant elements in this assessment.
New contours for affiliates, gifts, and user-generated content
The guide gives greater visibility to the role of affiliates, who promote offers and are paid according to consumer engagement metrics, such as clicks, sales, registrations, or other measurable results. In this context, the text gives examples such as links, discount coupons, and other trackable mechanisms shared by social media users. For performance and affiliate programs, the new guide reinforces the importance of assessing in advance how the offer will be presented to consumers and what advertising disclosure should accompany the communication.
So-called “activated messages” remain in the guide, covering references made as a result of gifts, “received items”, trips, accommodation, experiences, or invitations, where there is no remuneration, prior arrangement for disclosure, or interference with the published content. Even when such content is not characterized as formal advertising, Conar indicates that the relationship that gave rise to the reference must be disclosed whenever it may influence the tone or credibility of the message.
The processing of spontaneous user-generated content (UGC) also follows the already established logic: if there is no bond, contact, interaction, or prior communication with the advertiser or agency, as a rule, it is not advertising. However, when a brand shares, reposts, or amplifies such content on its own channels, the post becomes commercial communication and is subject to the rules applicable to advertising. This point deserves special attention in repost, collab, challenge, trend, and organic audience-engagement-based campaign strategies.
Artificial intelligence also on the radar
The use of artificial intelligence also gains prominence in the updates. Conar explains that the rules in the guide and in the Brazilian Code of Advertising Self-Regulation apply to advertising content regardless of the technology used to produce, edit, personalize, or segment the message. In other words, using generative AI, virtual influencers, avatars, deepfakes, or synthetic content does not exempt participants in the advertising chain from being responsible for the truthfulness of information, transparency in communication, and the potential to mislead consumers.
Conclusion
Conar’s new guide reaffirms the relevance of influencer marketing for brands, raising the bar for transparency, advance planning, and structured governance. For brands that work with content creators, affiliates, ambassadors, user-generated content, or AI-based solutions, the update represents an opportunity to review contracts, internal policies, approval flows, guidance materials, and campaign monitoring practices.
The update highlights the importance of structuring digital campaigns responsibly and in accordance with best practices in Brazil. Social media has evolved, advertising formats have become more sophisticated, and Conar has been keeping track by reiterating pre-existing safeguards and incorporating new points of attention arising from technological evolution. For brands, the path forward is to keep innovating, while being clear about when advertising is present, informing who the agents in the communication chain are, and which controls need to be in place before, during, and after the campaign.
*By: Luiza Sato and Carolina Soares Franco, respectively partner and lawyer in the Cybersecurity & Data Privacy practice area
