iGB issue 138_iGB L!VE 2025 | Page 62

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MARKETING & AFFILIATES

BRAZIL’ S BETTING SECTOR PUSHES BACK AS TIGHTER AD RESTRICTIONS LOOM

As the Senate prepares new advertising rules, industry leaders warn that overregulation could hinder licensed operators – and fragmented representation from trade bodies is impacting the public and political view of gambling. By Kyle Goldsmith

A new wave of advertising

restrictions is on the horizon for Brazil, following the Senate’ s approval of Bill 2,985 / 2023 in May. This will likely add to the host of challenges faced by operators since Brazil’ s regulated online betting market launched on 1 January.
Although the bill’ s rapporteur, Senator Carlos Portinho, eliminated a blanket ban on gambling ads from the proposal, the approved bill does include a ban on betting ads during live sporting broadcasts. The use of celebrities, influencers and athletes in any marketing material will also be prohibited, with the latter only applying to current players, or those whose career ended less than five years ago.
With both the Sports Commission and Senate having now approved the amended bill, it is headed to the Chamber of Deputies for review.
The new law will likely not take effect until 2026, says Udo Seckelmann, head of gambling & crypto at local law firm Bichara e Motta Advogados. Seckelmann says he is relieved the“ disproportionate” blanket ban has been eliminated, although he warns the push for further restrictions“ lacks evidencebased support”.
“ The motivations, although wellmeaning, must be weighed against real-world outcomes – and the evidence suggests that informed, responsible regulation is more effective than prohibition,” Seckelmann explains.
CURRENT RULES SUFFICIENT
The Secretariat of Prizes and Bets( SPA) published Normative Ordinance No 1,231 in July last year, laying out how licensed operators could advertise their products. The regulations included restrictions on operators presenting betting as“ socially attractive” or using ads to target children or adolescents.
Additionally, all advertising from licensed operators was mandated to display an‘ 18 +’ symbol and be guided by social responsibility and the promotion of responsible gambling.
Luiz Felipe Maia, founding partner of Maia Yoshiyasu Advogados, believes current restrictions on advertising are adequate, especially with Brazil having only just regulated its iGaming sector.
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