Legal experts are concerned about the fragmented representation of the sector. They believe the lack of unity among trade associations could harm its fight against pending gambling ad restrictions.
Following the approval of Bill 2,985/2023 in May by the Senate, a new wave of gambling ad restrictions is on the horizon for Brazil. This will likely add to the host of challenges faced by operators since the regulated online betting market of Brazil launched on January 1.
However, Senator Carlos Portinho, the bill’s record-keeper, removed a blanket restriction on gambling ads from the proposal. Still, the approved bill includes a restriction on betting ads during live sporting broadcasts. The ban will apply only to current players or those whose careers ended less than five years ago. It will also restrict the use of celebrities, influencers, and athletes in any marketing material.
The amended bill is heading to the Chamber of Deputies for review after receiving approval from the Sports Commission and Senate.
Udo Seckelmann, head of gambling and crypto at local firm Bichara e Motta Advogados, says the new law will likely not take effect until 2026. He is relieved that the disproportionate blanket ban has been eliminated. However, he believes the push for further restrictions lacks evidence-based support.
He explains that, although well-meaning, the motivations must be weighed against real-world outcomes. He adds that evidence shows informed, responsible regulation is more effective than prohibition.
Laying out how licensed operators could advertise their products, the SPA or Secretariat of Prizes and Bets published Normative Ordinance No 1,231 in July 2024. The regulations included restrictions on operators presenting betting as socially attractive or using ads to target children or adolescents.
Regulators required all advertising from licensed operators to display an 18+ symbol. They also mandated that the ads follow principles of social responsibility and promote responsible gambling.
