A proteção jurídica de influenciadores digitais infantis: desafios para a sociedade em rede

Abstract

The configurations of the network society have led to the emergence of new social phenomena, which have become even more relevant with the mechanisms of surveillance capitalism and the power of big techs. Therefore, a space of exchange and content production arose, corroborating the increasingly early entry of children into the digital environment. In this context, the figure of kid influencers has emerged, which are children who, by exposing their intimacy and privacy, are considered “spokespersons” for brands, products, and services, influencing not only their peers but also other Internet users, revealing new and complex situations of exploitation and objectification of children. Given this panorama, the question is: having as a framework of analysis the integral protection provided by Article 227 of the Federal Constitution, is it possible to state that the terms of use of Instagram and the publications undertaken by child influencers and hosted on the platform, as well as the actions of the co-responsible for the integral protection, are aligned with the fundamental rights and guarantees provided for childhood, especially outlined in Guideline 25 of the UN Committee on the Rights of the Child (2021)? This dissertation aims, therefore, to critically contrast the terms of use of Instagram, the practices of child digital influencers, and the actions of the co-responsible for their integral protection to verify if they are compatible with the fundamental rights and guarantees to childhood. For this, we seek, through the ethnographic method, to analyze several profiles of kid influencers based on the female gender, age — early childhood — the number of followers, and the participation of parents in the online posts. The analysis is done to demonstrate how the insertion of kid influencers on Instagram occurs and find out whether such exposure takes place in accordance with the rights inherent to childhood. Allied to the ethnographic method, the deductive approach was chosen; the case study method is used as the procedure, combining bibliographic research techniques and direct, systematic, and non-participant observation. For the development of this study, the authors Manuel Castells, Shoshana Zuboff, and Paula Sibilia were used as a theoretical framework to address issues related to the network society, surveillance capitalism, and the exposure of intimacy as a spectacle. Regarding the rights of children and the accentuation of their vulnerability on the Internet, the teachings of Fernando Eberlin, Josiane Rose Petry Veronese, and Rosane Leal da Silva were used. As a conclusion, this reality, despite recent, offers challenges to the doctrine of integral protection, revealing new and complex situations of exploitation and objectification of children, especially because they occur, sometimes, by the parents themselves. Moreover, this activity is constantly applauded by society, including companies that operate in the digital environment and other Internet users, who, through their comments, likes, and shares, encourage children’ exposure in different situations. Added to these factors, there is the inertia of the State which, likewise, fails to provide any mechanism to prevent and surveil the exploitation of kid influencers.