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New rules for “bets” in Brazil

In the context of the ongoing development of the regulated market, the legal framework governing fixed-odds betting (“bets”) has undergone significant updates with the publication of two new ministerial ordinances by the Ministry of Finance.

The Interministerial Ordinance MF/SECOM/MJSP No. 73/2026 establishes new rules for the content of advertising campaigns and expands the responsibilities of all parties involved in the advertising chain, regulating consumer protection, effective immediately on July 10. On the other hand, Ordinance SPA/MF No. 1,964/2026 revises the mandatory warnings regarding the risks associated with betting, which must now accompany all communication, advertising, and marketing activities in the sector, becoming effective on July 17, 2026.

One of the key changes introduced by the new regulation is the expansion of responsibilities to the entire communication chain. Regulatory compliance is no longer a concern exclusive to the authorized betting operators but it now extends to advertising agencies, influencers, media outlets, digital platforms, and other involved in the dissemination of campaigns, each within their respective scope of activity. Among other obligations, these parties must verify in advance whether the advertiser is duly authorized to operate and whether the advertising promotes only authorized operators.

In this regard, Interministerial Ordinance consolidates a series of prohibitions already set forth in the sector’s regulations and expands the precautions required when developing advertising campaigns. For example, advertisements that present betting as a form of investment, a source of income, or a solution to financial problems remain prohibited; as do those suggesting easy profit or personal success, encouraging impulsive betting, promoting unauthorized operators, or targeting, directly or indirectly, children and adolescents. The regulation also preserves the application of advertising self-regulation mechanisms, including the oversight by CONAR, without prejudice to enforcement by the competent authorities.

SPA/MF Ordinance No. 1,964/2026, in turn, revises the mandatory warnings that must accompany all advertising materials in the sector. Advertisements must contain one of the following messages: “The Ministry of Finance warns: Betting can be addictive,” “The Ministry of Finance warns: Betting makes you to lose money,” or “The Ministry of Finance warns: Betting is not an investment.” Accordingly, all betting advertisements must be accompanied by a warning, similar to the requirements already applicable to other regulated sectors, such as tobacco and alcoholic beverages.

In addition, the warnings must be displayed horizontally, in a clear and legible and proportionate manner, occupying at least 10% of the advertisement piece.

Regarding sports broadcasts, the regulation also restricts comments by experts, play-by-play announcers, or commentators that may encourage betting on a particular game or event, reflecting the authorities’ concern regarding the influence of advertising and communication on consumer behavior.
Failure to comply with these rules may result in the imposition of sanctions provided for under the sector’s regulations, including fines, suspension of the authorization to operate, and, in more serious cases or in cases of repeat violations, revocation of the operating authorization.

The new measures further strengthen the regulation of betting advertising in Brazil and demonstrate a growing concern for consumer protection and the prevention of betting-related risks. In practice, companies involved in the creation, commissioning, placement, or promotion of advertising campaigns must review their internal processes and advertising materials to ensure compliance with the new requirements before they take effect.
We remain available to assist with the review of advertising campaigns, the assessment of regulatory risks, and compliance with the new rules applicable to betting advertising. For more information, please contact our team: mkt&ent_law@kasznarleonardos.com.

 

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