São Paulo court orders influencer to compensate victim of “prank” video

The 2nd Civil Court of Santo Amaro, in São Paulo, has ordered a digital influencer to pay R$ 15,000 (approx. USD 3,000) in moral damages after posting a video that publicly humiliated a woman.

According to the case files, the woman was approached on the street to participate in a challenge, with the promise of winning a smartphone. Instead, she received a kitchen sponge — an act the court considered degrading and sexist. To make matters worse, the influencer made an offensive remark during the recording, which was broadcast to millions of followers, exposing the victim to ridicule.

In his defense, the influencer argued that the woman participated voluntarily and that the content was humorous in nature, without direct commercial purpose. The court, however, rejected this claim, stating that voluntary participation does not justify the dissemination of an individual’s image in a humiliating context.

The judge highlighted that the use of the victim’s image in a humiliating and degrading way goes beyond the limits of freedom of expression and humor, directly violating her right to dignity and honor. The decision also confirmed the permanent removal of the video and emphasized that the compensation must serve both to repair the harm and to act as a deterrent.

This ruling underscores the legal responsibility of content creators and brands partnering with influencers. Associating a brand with content that disrespects individual rights can lead to severe reputational and financial consequences.

For fashion and lifestyle brands, the lesson is straightforward: influencer partnerships must be supported by clear agreements that establish boundaries, obligations, and liability, safeguarding both the brand’s reputation and the rights of third parties.

Legal counsel specialized in Fashion and Entertainment Law is, therefore, not merely reactive protection but a strategic asset for navigating the digital marketplace responsibly.