Brazil’s Ministry of Finance toughens restrictions and oversight on betting advertisements

Brazil’s Ministry of Finance has published two new regulations that further tighten the rules governing the advertising of fixed-odds betting:

• Ministry of Finance Ordinance No. 1,964/26: Issued by the Ministry of Finance, it provides for mandatory disclaimers that must be displayed in betting advertising materials. It will take effect on July 17.
• Interministerial Ordinance MF/SECOM/MJSP No. 73: published jointly with the Ministry of Justice and Public Security, it establishes restrictions on betting content and publicity strategies, aiming to protect consumers. It took effect on July 10.

Key rules and guidelines in the ordinances include:

Mandatory warnings

Betting advertisements must display one of the following warnings:

• • “The Ministry of Finance advises: Betting leads to financial loss”
  • “The Ministry of Finance advises: Betting can lead to addiction”
  • “The Ministry of Finance advises: Betting is not an investment”

These warnings must be displayed horizontally, be clear, legible, and proportionate to the advertisement, and occupy at least 10% of the advertisement’s length or size.

Prohibition on instilling a sense of urgency

The new regulations prohibit calls to action that suggest the bettor must take immediate action, including through promotional mechanisms.

Commentators, Experts, and Influencers

These professionals may not present betting strategies, predictions, technical opinions, or analyses of sporting events that could induce or influence betting given their temporal, spatial, or contextual proximity to editorial content and advertising. For example, presenting a bet as “best” or “safest.”

There is no outright ban on such professionals participating in campaigns, but scripts, statements, and recommendations regarding markets and odds must be reviewed.

“Easy winnings”

Practices that associate betting with easy winnings, a source of income, investments, recouping losses, an alternative to employment, or a solution to financial problems remain prohibited.

History of winnings and payouts

The regulation prohibits using past payouts, winnings, or results to induce or encourage betting.

Advertising by licensed operators

The new rules reinforce that betting advertising must be tied to operators duly licensed to operate in Brazil, thus expanding oversight mechanisms against illegal betting.

Heightened concern for children and adolescents

Online app stores and operating systems must prevent underage accounts from accessing content and apps that promote, offer, or facilitate access to fixed-odds betting, as well as those that lack an age verification system. In addition, social media platforms must prohibit the sharing of such content to accounts belonging to children and adolescents.

Practical implications and next steps

The new regulatory framework shifts enforcement focus to the actual influence of advertising campaigns on consumers. The ordinances also clearly state that the examples listed above are illustrative and do not preclude the identification of additional types of deceptive, abusive, or fraudulent practices.

Given this new landscape, companies are advised to:

• • Map and review current or planned campaigns;
  • Include the new disclaimers in all required formats;
  • Eliminate references to urgency or scarcity;
  • Review content created by influencers and commentators and conduct specific training with these professionals;
  • Exclude references to winnings, income, or investment;
  • Amend contracts with agencies and affiliates to require prior approval of content and, if found to be noncompliant, its immediate removal; and
  • Document these procedures to prove compliance with the new rules and demonstrate the internal legal compliance workflow.

Demarest’s Privacy, Technology and Cybersecurity team is available to assist in complying with the new rules and provide further clarification.