BRAZIL Law and Practice Contributed by: Luiz Felipe Maia, Flavio Augusto Picchi and Débora Cunha Romanov, Maia Yoshiyasu Advogados – MYLAW
Both the CENP and CONAR are non-governmental organisations comprising members of the advertis- ing industry, and they define their own statutes and codes. CONAR’s Self-Regulation Code also includes a specific rule according to which advertising content must not “induce criminal or illegal activities”. 9.2 Definition of Advertising The legal definition of advertising is set forth by Article 2 of Decree No 57,690/1966 as any paid form of dis- semination of ideas, merchandise, products or ser- vices by an identified advertiser. 9.3 Key Legal, Regulatory and Licensing Provisions Article 23, paragraph 2 of Normative Ordinance No 1,330/2023 and Article 14 of Ordinance SPA/MF No 1,231/2024 establish that additional aspects of adver- tising may be provided for in an advertising self-reg- ulation code. For that purpose, in 2023 CONAR issued Annex X to CONAR’s Self-Regulation Code, with specific rules to ensure that betting advertisements are responsi- ble and with particular attention paid to the need to protect children, adolescents and other vulnerable individuals. Ordinance SPA/MF No 1,231/2024 further regulates the conditions that operating agents must observe to advertise fixed-odds betting in Brazil. Ordinance SPA/MF No 827/2024 stipulates, as a condition to the issuance of a licence, that operating agents must adopt and implement a code of conduct and disseminate best practices in advertising and publicity. 9.4 Restrictions on Advertising No advertisement may: • encourage or provoke any type of offence or racial, social, political, religious or national discrimination; • contain statements or visual or audio presentations that may offend the decency standards of the audi- ence it intends to reach; • exploit the consumer’s credulity, lack of knowledge or inexperience;
• cause fear without a relevant social reason; or • exploit any type of superstition. In the specific area of fixed-odds betting, Normative Ordinance No 1,330/2023 and Ordinance SPA/MF No 1,231/2024 provide that advertising, public relations and marketing actions for these operations may not: • be aired in schools and universities; • lack an age restriction notice, embodied by the “18+” symbol or the notice “prohibited for individu- als under 18 years of age”; • disseminate misleading claims about the odds of winning or the potential gains that bettors can expect; • portray betting as socially appealing or contain statements from celebrities or digital influencers that suggest gambling contributes to personal or social success, or improved financial conditions; • use sexually suggestive messages or objectify physical attributes; • incite intensified betting activities; • promote the product as a means to recover losses from previous bets or other financial losses; • in any way offend the cultural beliefs or traditions of the country, especially those opposed to gam- bling; or • suggest or induce the belief that, among other fac- tors, skill, dexterity or experience can influence the Article 50 of CONAR’s Self-Regulation Code states that violators of the rules established in the code are subject to the following penalties: • a written warning; • a recommendation to modify or correct the adver- tisement; • a recommendation to suspend the broadcasting of the advertisement; and • public disclosure of CONAR’s opinion as regards the advertiser, the agency and the “vehicle” in relation to non-compliance with the recommended measures. outcome of a sports event. 9.5 Sanctions/Penalties
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