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CONAR Releases Rules for Betting Advertising in Brazil

The CONAR (National Council for Advertising Self-Regulation) in Brazil has published a specific set of rules aimed at regulating marketing activities related to betting in the country. As a result, the following guiding principles and directives for betting advertising within Brazil have been established:

General Rule: Betting advertising must be conducted in a socially responsible manner, steering clear of promoting excessive or irresponsible gambling. Protecting children, adolescents, and other vulnerable groups is of utmost importance.

Principle of Advertising Identification: Advertisements need to be clearly identifiable and recognizable to consumers. Their commercial nature should be obvious, especially in ads created by influencers or affiliates, with an explicit mention of their advertising purpose (e.g., “advertising”, “paid partnership”). Ads must also distinctly highlight the responsible betting operator, detail the authorization/license (as issued and regulated), and offer contact information along with consumer service channels.

Principle of Truthfulness and Information: Advertising must truthfully represent the service being offered. Avoid disseminating guaranteed, easy, or substantial returns, as well as presenting misleading or unrealistic information regarding the likelihood of winnings or the absence of risks. The promotion of the notion of easy enrichment, investment, or the suggestion of control over the outcomes of games is also prohibited.

Principle of Protection of Children and Adolescents: Betting advertisements must not target children and adolescents. Special care should be taken in their development, including, but not limited to, the use of “18+” symbols and ensuring that the individuals featured appear to be over 21 years old. In addition, operators are required to implement age restrictions on their profiles and websites, as well as on social media platforms, ensuring that their advertisements are directed only at channels or influencers with an adult target audience.

Principles of Social Responsibility and Responsible Gambling: Advertisements should not link betting with personal or professional success or suggest that it is a solution to financial or personal issues. Moreover, they must avoid promoting imprudent or antisocial behavior.

Warning Clause: All advertisements are required to incorporate a standardized warning message about responsible gambling that is legible and prominent. Examples include “Gamble responsibly” and “Betting can lead to the loss of money”, among other choices listed in Annex “X”.

Annex “X” will become effective on 29 January, at which point it will begin to have legal implications. Therefore, it is essential for betting operators, as well as digital influencers, ambassadors, partners, and affiliates to adhere to the aforementioned guidelines and standards.

Our legal team at Bichara and Motta Advogados are attentively monitoring the regulation of the betting industry in Brazil, offering legal advice to multiple market participants.