'Betting makes you lose money': see the new rules for betting on bets

According to the government, the measures seek to ensure that gaming and betting practices are carried out in a safe, healthy and conscious way, in addition to preventing addiction and protecting consumers, especially the most vulnerable.

A Ministry of Finance ordinance included three mandatory warning phrases in betting advertisements. Parts must display one of the following messages:

• “Ministry of Finance warns: betting can cause addiction”;

• “Ministry of Finance warns: betting makes you lose money”;

• “Ministry of Finance warns: betting is not an investment”.

Warnings must be presented horizontally, clearly and legibly, and occupy at least 10% of the length or total size of the advertisement. The rule applies to communication, advertising, advertising and marketing actions related to betting.

Finance defines abusive, misleading or fraudulent advertising Another ordinance, published by the Ministry of Finance in conjunction with the Social Communication Secretariat of the Presidency of the Republic (Secom) and the Ministry of Justice and Public Security (MJSP), established parameters to combat abusive, misleading and fraudulent advertising.

The text determines that advertising and offer actions respect the Consumer Protection Code, Law No. 14,790/2023 and the principles of transparency, good faith and responsible gaming. Campaigns must also provide for the protection of children, adolescents, vulnerable people and the mental and financial health of consumers.

The ordinance lists practices that can be considered infractions, such as promoting unauthorized operators or directing users to company channels without permission to operate in the country.

The display of winning bets and their respective values is also prohibited, as well as the association of technical opinions, analyzes or predictions that could induce the public to bet on a specific event or market.

According to the ministry, advertisements must avoid:

• Suggest the possibility of easy winnings or present the bet as a means of personal, social or financial success, including the use of influencers and celebrities;

• Present betting as a source of income, investment, alternative to employment or solution to personal problems;

• Encourage excessive practices through promotional mechanisms that encourage immediate action by the bettor;

• Disseminate false or misleading information, including about the probabilities of winning, or condition the result on the bettor's skill;

• Associating betting with illegal or discriminatory behavior, with prejudiced messages or sexual content;

• Direct advertising messages, directly or indirectly, to children and adolescents.

The interministerial ordinance also determines that people and companies responsible for producing, sponsoring, publicizing, transmitting, distributing, promoting or broadcasting betting advertising must first check whether the advertiser is authorized to operate.

The obligation also applies to internet application providers and advertising content providers.

Individuals or legal entities involved in advertising must maintain minimum information about the advertiser, such as name or company name, CNPJ and authorization number.

The check must be carried out through the official list of authorized operators, on a date prior to the start of the broadcast. The query must cover the name of the company, the brand and the electronic addresses used to offer the bets.

In case of non-compliance, the penalties provided include fines of up to 20% of the bet operating company's revenue and suspension of activities for 180 days.

The inspection will be carried out jointly by the Prizes and Betting Secretariat (SPA), of the Ministry of Finance, and the National Consumer Secretariat (Senacon), linked to the MJSP.

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