Zona de Azar Brasil – Brazil: New Advertising Rules for Sports Betting

Brazil.- September 13, 2024  www.zonadeazar.com The law that defines advertising and marketing for sports betting has been regulated by the Ministry of Finance through Ordinance SPA/MF No. 1231 of 07/31/2024, presenting Chapter III – COMMUNICATION, ADVERTISING, AND MARKETING ACTIONS FOR FIXED-ODDS LOTTERY BETS and Chapter IV – RIGHTS AND DUTIES OF BETTORS.

These chapters define the rules for all types of game promotions, whether by individuals or companies.

Internet service providers and platforms may be notified to block websites, remove apps, or pull campaigns that do not comply with these rules, which take effect on January 1, 2025. These rules aim to ensure social responsibility, protect minors and other vulnerable groups, and promote responsible gambling, avoiding abusive practices and misleading returns advertisements.

In Practice

It is prohibited to air advertisements suggesting easy winnings or linking betting to social or financial success. Additionally, any promotion of excessive betting or promises of solutions to financial problems must be avoided. Sports betting operators must always be transparent in their advertising campaigns, clearly identifying that the material is advertising and that betting is not an investment or profession.

Advertising targeting minors under 18 is also prohibited, whether on TV shows, websites, or events frequented by children and teenagers. Campaigns must include warnings about the risks of gambling, such as the “18+” symbol and alerts about potential addiction problems. Moreover, operators can only sponsor events and teams aimed at adults, with sponsorship of youth or children’s activities being banned.

These measures are essential to ensure that betting advertising is done ethically and responsibly, protecting the public and promoting awareness of gambling risks.

The National Council for Advertising Self-Regulation (Conar) created Annex “X” of the Brazilian Code of Advertising Self-Regulation, which includes specific rules for betting advertising in Brazil. This annex, effective as of January 29, 2024, is based on consumer protection principles, such as:

• Clear identification of advertisements;
• Honest presentation of information;
• Protection of children and teenagers;
• Social responsibility and promotion of responsible gambling.

Bettor’s Rights and Duties

Chapter IV of the fixed-odds betting regulation also addresses the rights and duties of bettors, ensuring safety and transparency in the betting process. Here’s what bettors are entitled to:

• Bet freely, without coercion, in a safe and responsible manner;
• Be treated as users of a public service, as per Law No. 13.460/2017;
• Control the use of their personal data during registration;
• Have easy access to Customer Service (SAC);
• Be informed about fixed odds for events and games offered;
• Review their financial and betting history;
• Close their betting account easily;
• Choose from alert, limit, pause, and self-exclusion options;
• Receive clear information about the service rules, especially regarding deposits and withdrawals;
• Withdraw their balance without restrictions, except in cases of suspected fraud, where withdrawals may be temporarily blocked.

Bettor’s Duties

Bettors must:

• Properly identify themselves to the operator, providing truthful information;
• Read and accept the operator’s privacy policies and terms of use;
• Use their betting account exclusively for betting purposes;
• Inform the operator if they fall under legal restrictions.

Ban on Intermediary Betting and Accounts

Bettors are prohibited from placing bets on behalf of third parties. If there are signs of this practice, the operator may limit or suspend the account and notify regulatory authorities. These rules aim to protect both bettors and the integrity of operations carried out on each platform.

Edited by: @_fonta www.zonadeazar.com