With the publication of Law No. 14,790/2023, which regulates sports betting in the country, CONAR (National Advertising Self-Regulation Council) revised the Brazilian Advertising Self-Regulation Code in December 2023 and included Annex X, dedicated to betting advertising.

According to the Law, bookmakers’ marketing actions must comply with the regulations of the Ministry of Finance, in line with guidelines of articles 16 and 17, promoting self-regulation.

CONAR’s Annex X rules are based on a commitment to socially responsible advertising. They require that gambling advertisements publicize brands and characteristics without pressure tactics, exaggeration or irresponsible practices, with particular attention to the protection of children, adolescents and vulnerable groups.

1. Principle of Advertising Identification

– Advertisements must be clearly identifiable by consumers as commercials messages, with transparency about who is responsible for the offer.

– When advertised by third parties (influencers, affiliates, “ambassadors” etc.), it is recommended to explicitly mention the advertising identification, using expressions such as “advertising” or “paid partnership”.

– Advertisers’ social media profiles and web pages must be verified to guarantee their authenticity.

2. Principle of truthful presentation and information

– Advertisements must contain truthful information about the nature and possible outcomes of the activity so that consumers can make informed decisions.

– It is prohibited to advertise certain, easy and/or high results or gains or to present misleading information about the probability of success.

3. Principle of Protection for Children and Adolescents

– Children and adolescents are prohibited from being included as participants or target audiences in advertisements.

– Advertisements must contain clear warnings, such as “18+” or “not for children under 18”.

– Advertisements cannot invite children and adolescents to gamble or suggest that they may gamble online or offline and must adopt age restriction mechanisms to limit access to those over 18.

4. Principles of Social Responsibility and Responsible Gambling

– Encouraging excessive or irresponsible practices is prohibited.

– Advertisements must not associate gambling with success, the resolution of financial or emotional problems or an alternative to work.
 

5. Warning clause: responsible gambling messages

– All advertisements must include a standardized warning message, such as:

• “Gamble responsibly“;
• “Gambling is an activity with a risk of financial loss“;
• ” Know when to bet and when to stop“;

CONAR also developed a folder summarizing the guidelines and requirements of the new regulations.

Since the implementation of the new guidelines, CONAR has intensified its inspection of advertising related to sports betting, emphasizing the importance of compliance with the rules established in Annex X. Evidence of this is the initiation of nearly 50 ethical advertising proceedings, 30 of which have already been judged, involving betting company advertisements since 2023, as recently reported by InfoMoney.

CONAR’s actions reinforce its commitment to ensuring that advertising in the sector is transparent, ethical and aligned with the values of consumer protection and vulnerable groups in Brazilian society.

With the new regulations in place, acting in accordance with CONAR’s standards has become essential for betting operators and marketing professionals.

The team of experts at Nasser Advogados is available to answer any questions.