Brazil's Secretariat of Prizes and Bets enforces new advertising rules

The Secretariat of Prizes and Bets of the Ministry of Finance (SPA-MF) ordered on Friday, December 6, the immediate enforcement of the advertising rules outlined in Ordinance 1.231, which deals with responsible gaming practices, marketing and regulates the rights and duties of players and fixed odds betting operators. The information is provided by BNLData.

With the new ordinance published today, the SPA complies with the preliminary ruling of Judge Luiz Fux, unanimously confirmed by the other members of the Supreme Federal Court (STF). 

The decision at hand determined the immediate application of injunctions imposing significant restrictions on fixed odds betting advertising in Brazil. Prior to the STF ruling, it was understood that all advertising rules would only take effect as of January 1, 2025, when the regulated market would begin.

Therefore, as reinforced by the SPA, the immediate ban on these actions comes into force:

• Communication, advertising propaganda, and commercialization of fixed-quota lotteries, which are aimed at children or adolescents or have this public as a target audience;
• The broadcast in media or programs whose main audience is persons under eighteen years of age, or in web pages whose audience profile is of persons under eighteen years of age;
• The use of images of children and adolescents or elements especially attractive to persons under eighteen years of age;
• Associating bets with cultural activities in which children and adolescents participate.

As reported by BNLData, from now on any type of communication, advertising, or marketing by betting operators, including in the digital environment, will have to display the age restriction warning, with an '18+' symbol or a 'prohibited for under 18s' warning.

Bookmakers may also not appear to sponsor children or adolescents; seek to influence or encourage them to bet; sponsor events aimed primarily at minors; and sponsor youth or children's teams.