New Influencer Law: legal framework or little more than a façade?

Between legal advancement and regulatory stagnation in the digital universe

On January 6, 2026, President Luiz Inácio Lula da Silva sanctioned Law 15.325/26, a new legal framework that seeks to regulate the “multimedia” profession, explicitly encompassing the figure of the digital influencer. The measure, presented as an advance in the formalization of a sector in constant expansion, generated diverse reactions, with experts questioning its ability to promote substantial changes in the current scenario.

The law defines the activities of creating, producing, capturing and editing content as the core of these professionals' routines. However, critical analysis is necessary: ​​what, in fact, changes in the intricate ecosystem of the attention economy? The initiative comes after years of debates and attempts to provide a legal framework for a profession that generates billions and impacts millions of consumers, but which largely operates in a gray area of ​​rights and duties.

Historically, the absence of specific regulation has allowed practices such as veiled advertising, digital scams and predatory contracts to proliferate. Cases of influencers promoting products without a seal of authenticity or participating in financial pyramid schemes are not rare, exposing consumers, often young and vulnerable, to significant risks. Law 15.325/26 appears, theoretically, to address these gaps, but the central issue is its scope and power of execution.

“The legislation regulates the role of the 'multimedia professional', as the influencer is called in the text, but it changes very little,” said an expert to Folha de S.Paulo.

The contradiction is strategic and evident: while the government celebrates the promulgation of the law as a step towards formalization and legal security, the market and analysts' perception points to a gap between legislative intention and practical effectiveness. The text, for example, does not detail clear guidelines for civil liability in cases of misleading advertising, nor does it establish specific supervisory bodies or robust penalties for ethical and legal infractions. There is still a lack of provisions on the protection of personal data and the regulation of child or adolescent labor in the digital environment, a growing concern for entities such as the Public Ministry of Labor.

The consequences of this apparent fragility can be profound. Without stricter monitoring and sanctioning mechanisms, the new law risks becoming a bureaucratic formality, with little real impact on consumer protection and guaranteeing labor rights for the influencers themselves. Expected developments include the need for complementary regulations, which specify, for example, working conditions, the mandatory identification of sponsored content and the responsibility of digital platforms.

In the coming months, the sector will carefully observe whether Law 15,325/26 will inspire the creation of new regulations or whether industry self-regulation and the actions of consumer protection bodies, such as CONAR, will continue to be the main ways to mitigate risks. What is expected, and what Portal Cunho will continue to investigate, is whether this law will represent a true turning point for the governance of the digital universe or just a seal that little alters the dynamics of power and influence already established.