BRAZIL Trends and Developments Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
In the same vein, the National Council for the Rights of Children and Adolescents ( Conselho Nacional dos Direitos da Criança e do Adolescente CONANDA) published Resolution 245/2024 in April 2024, which sets forth rights for children and adolescents in the digital space, taking a more restrictive stance. Another relevant development in the past year was the holding of a public hearing by the Brazilian Federal Supreme Court ( Supremo Tribunal Federal STF) to discuss the regulation of advertising for medicines and foods con - sidered harmful to health, in the context of a relevant suit (the Direct Suit of Unconstitutionality – ADI 7788), bringing together representatives of public agencies, experts and civil society organisations. Betting Law 14,790/2023 (the new sports betting law, pub - lished on 30 December 2023) regulates betting adver - tising and the taxation of bets. Articles 16–18 of this Law regulate the marketing and advertising of fixed- odds betting lotteries, which must comply with the regulations of the Ministry of Finance (which has also encouraged self-regulation). This Law also reinforces that the advertising and promotion of betting must not target children and adolescents. Self-regulation also establishes specific rules for the advertising of betting, provided for in Annex X of the Brazilian Advertising Self-Regulation Code ( Código Brasileiro de Autorregulamentação Publicitária CBAP), which was published in December 2023. For instance, betting advertisements are prohibited from including children and adolescents as participants or the target audience; betting advertisements must also include a standardised warning message, which shall legibly, clearly and prominently display phrases such as “Play responsibly”, or “Betting is an activity that involves the risk of financial loss”, amongst other suggested phrases. Concerns have been raised regarding companies hir - ing child influencers to advertise certain online games, such as “Fortune Tiger” ( Jogo do Tigrinho ), and bet - ting houses to children on social media platforms, notwithstanding the fact that the advertising of online betting houses to minors is already prohibited in Bra - zil. Such concerns have motivated, for instance, the opening of a call for subsidies by the National Protec -
tion Data Authority ( Autoridade Nacional de Proteção de Dados ANPD) in June 2024, to collect subsidies for a regulatory project pertaining to the processing of data from children and adolescents (which often occurs on social media platforms, and with online games and betting houses that could be accessed by children being of special concern). For reference, by September 2024, CONAR had already ruled on 189 complaints in that year. Of those complaints, 21 were related to irregular advertise - ments for betting and casinos, equivalent to 11% of the total. CONAR recommended the suspension of disclosures and warnings in 16 cases and requested changes in six of those. In other words, advertise - ments involving betting houses accounted for the largest volume of complaints analysed by CONAR in 2024, which is related to the entry into force of Law 14,790/2023. In September 2025, CONAR and the Ministry of Finance’s Prizes and Betting Secretariat ( Secretaria de Prêmios e Apostas do Ministério da Fazenda SPA/ MF) signed a co-operation agreement to strengthen oversight and promote greater responsibility in adver - tising campaigns involving fixed-odds betting and commercial promotions. Furthermore, the recently approved Digital ECA imposed an obligation on plat - forms to prevent access and exposure to gambling/ betting advertising, promotions and marketing among children and adolescents, and to mitigate the effects thereof; platforms must remove such content in case of exposure thereto of this audience (Article 6, IV and Article 22, Section 1 of the Digital ECA). Influencer Advertising To provide greater legal certainty, CONAR, aligning itself with internationally established criteria, espe - cially through the European Advertising Standards Alliance (EASA), published the Digital Influencer Advertising Guidelines (the “Guidelines”) in January 2021. The Guidelines clearly define the concept of “advertising by influencer”, which is subject to the rules of the CBAP, and serve as a reference for other legal practitioners. The Guidelines also hold that advertisements must consider the target audience, given that influencer
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