Rules requiring alerts on bet announcements come into force today

Similar to what already occurs in advertisements for cigarettes and alcoholic beverages, warnings about the risks of so-called fixed odds bets must be clear, legible and proportional to the size of the advertising piece, occupying at least 10% of the total dimensions of the advertisement.

The measure is part of the federal government's new strategy to reinforce consumer protection and tighten supervision over so-called fixed odds bets, operated by bets. And it complements Ordinance No. 1,231, of July 2024, from the Ministry of Finance, which already established that all betting marketing actions, including those published in a digital environment, must clearly indicate the prohibition of gambling for children under 18 years of age and the risks associated with addiction.

In addition to messages aimed at raising awareness among bettors, the federal strategy expands restrictions on the content of advertisements, prohibiting the dissemination of advertisements that encourage betting as a way of making money or that feature commentators with the aim of influencing the public.

The standards were published on the 10th, in two ordinances: one from the Ministry of Finance, the other from the Finance Ministries; of Justice and Public Security and the Secretariat of Social Communication of the Presidency of the Republic.

Ordinance No. 1,964, from the Ministry of Finance, treats the obligation for bets to warn people about the associated risks of addiction and pathological gambling disorders as a citizen's right. Interministerial decree MF/Secom/MJSP No. 73 applies not only to betting operators (bets), but also to companies that publicize, transmit, distribute, promote or broadcast marketing actions related to betting.

Ordinance No. 73 reinforces that Brazilian legislation prohibits the promotion of betting companies that the Ministry of Finance has not authorized to operate or that contain a hyperlink, promotional code, affiliate link, optical reading code or other mechanism that directs the user to an electronic channel of an unauthorized operating agent.

The legislation also prohibits the dissemination of betting strategies, predictions, technical opinions or analyzes on sporting events that, due to their temporal, spatial or contextual proximity to editorial content and advertising action, are capable of inducing or influencing the placing of fixed-odd bets on a given event or betting market; the display of winning bets, including in currency.

Influencers

Lawyer specializing in business law, Fernanda Machado, warns that influencers and communication companies that publish advertisements may also be held responsible in case of non-compliance with the rules.

"It's not just bookmakers. Influencers, broadcast channels. In short, all vehicles that publish bet ads are also obliged to comply with the rules, and anyone who doesn't observe them can be held responsible", said the lawyer when interviewed on the Revista Brasil program, on Rádio Nacional AM.

Fernanda recalled that, even before the new rules came into force, public authorities had already been adopting measures to hold influencers responsible, such as the Public Ministry of the Federal District and Territories, which, last week, filed a Public Civil Action against the Blaze platform and the influencer Virginia Fonseca, identified as “co-author” of “alleged abusive practices in the promotion of sports betting”.

For the lawyer, the new measures are intended to protect consumers, making consumers aware of the risks involved in the act of betting. “The ordinances come to regulate these advertisements and not let them resemble a personal opinion, since, today, there are influencers capable of influencing millions of people”, added Fernanda.

"Of course, companies will argue that people are playing because they want to; that they are of legal age and are responsible for their actions. Justice, however, will observe whether the company committed any irregularity, including in the technical part, in the programming [of the game]", concluded the lawyer.

Impulsiveness

Doctor in finance and education and professor at the Paulista School of Politics, Economics and Business at the Federal University of São Paulo (Unifesp), Ahmed El Khatib considers the new rules a necessary step forward.

“I think this is a very positive measure and goes in the right direction,” Ahmed told Agência Brasil. Specialist in economic psychology, the professor states that the requirement for alerts works as a point of reflection that can often help to contain the impulsiveness that often guides bettors.

"When people bet, they are not always making a completely rational decision. Emotions, impulsiveness, overconfidence and that feeling that "now it will work out" end up speaking louder. In this sense, a clear warning can act as a small moment of reflection before betting”, commented Ahmed, highlighting that science has already proven that, for a part of the world's population, games and betting can cause addiction, debt, provoke family conflicts and have important impacts on mental health.

"Obviously, warnings alone do not solve the problem, but [in this case, they] are part of a larger strategy of consumer awareness and protection. Such as the right restrictions on the use of commentators and influencers to encourage betting," said Ahmed, emphasizing the importance of prohibiting the dissemination of the false idea that betting is a way of making money or investing.

“Whoever bets should see it as just entertainment, knowing that there is a real possibility of losing money.