Le influenze del consumatore digitale. Il diritto di fronte all’Influencer Marketing

The close topicality of influencer marketing allows this essay to explore the condition of the digital consumer in the face of the pervasive power of influence of commercial communication, where the act of purchasing products emancipates itself from the old solipsistic dimension and follows an increasingly informal and subjectivist multilateral narrative. Starting from the system of advertising self-discipline, the author reviews the various strategies for regulating the phenomenon at issue, to the point of tracing within the articulated constellation of hard and soft law instruments an overall uniformity of rules and axiological principles. Coherence and complementarity resulting from legislative frameworks, measures of regulatory authorities, self-regulatory sources, moral suasion instruments, standards of fairness, guidelines and best practices iconically mark the tendency to shift from a static paradigm of certainty – typical of the law-centric system – to a model of dynamic co-regulation that seems better suited for today’s complex society