Sports betting platforms and websites operating in Brazil must be aware of advertising and marketing rules.
It is to avoid the imposition of sanctions (ranging from fines to the suspension of the company’s operations) and which could constitute a crime against consumer relations, subject to personal responsibility of managers.
See below the main rules applicable to such advertising in Brazil:
1. Advertising must be aimed at an adult audience. Such insertions must not be made on social networks, profiles, channels, programs or media content aimed at people under 18, and must not contain visual, verbal or written elements that are aimed at children or young people.
2. It must not suggest an illusion of control over the results of betting, or that repeated betting will increase chances of winning. It is prohibited to mention that betting constitutes a form of investment or income.
3. It is not permitted to offer credit to consumers (for example, advance funds that later must be returned to the operator or third party), which could lead to debt.
From a Brazilian consumer rights perspective, it is important that advertising is correct and conveyed clearly. Any error in advertising will probably bind the company. This is because it will be difficult to sustain that the consumer should identify that it was an error (due to a lack of parameters and experience in the Brazilian market with such a service) and that, therefore, the company would be exempted from honoring such an offer conveyed by mistake.
Companies licensed by the Brazilian Ministry of Finance can advertise bets in Brazil, but it is important that the companies’ marketing and legal teams are aligned so that such advertising is carried out within legal limits and without exposing the company and its managers to civil and criminal liability.
