With the enactment of Law No. 14,790/2023, the Brazilian sports betting sector now operates under a clear regulatory framework that defines the responsibilities and obligations of betting operators.
Despite the increased legal certainty provided by this legislation, the number of lawsuits concerning the civil liability of betting platforms for alleged cases of gambling addiction among users has been growing.
In this context, five fundamental measures should guide the conduct of betting platforms to ensure regulatory compliance, safeguard consumers, and prevent potential civil liability:
1. Dedicated “Responsible Gaming” Section: Platforms should include a specific responsible gaming section in their platform policies written in clear and accessible language. This section should, at a minimum, include: (i) information on the nature of the service and its inherent risks; (ii) a warning that betting is not a means of obtaining easy financial gain, as outcomes depend solely on chance; and (iii) cautions regarding potential social and financial harms arising from problem gambling.
2. Responsible Gaming Tools: Operators must provide easily accessible tools that enable users to: (i) set limits on deposits, wagers, losses, and playtime; (ii) temporarily suspend their betting activity; (iii) receive automated activity time alerts; (iv) activate self-exclusion options, allowing full or temporary access blocks; and (v) view their account history to monitor betting patterns and financial behavior.
3. Self-Monitoring Instruments and Help Channels: Platforms should offer educational materials to raise user awareness, including: (i) a list of early signs of problem gambling and guidance on how to identify them; (ii) links to self-help organizations and clinics specializing in gambling addiction treatment; and (iii) a self-assessment questionnaire with reflective questions to help users recognize risky behaviors and adopt preventive measures.
4. Monitoring Mechanisms: Although the Ministry of Finance has not yet established a formal methodology for behavioral monitoring, operators can implement internal mechanisms to identify atypical or potentially harmful usage patterns. Examples include: (i) analyzing access logs, as users with compulsive behavior tend to exhibit intense activity, often late at night; and (ii) reviewing withdrawal and deposit histories, since frequent and proportional withdrawals suggest financial rationality, whereas reinvesting all winnings may indicate impulsiveness.
5. Responsible Advertising Campaigns: Operators should promote campaigns that: (i) raise awareness about responsible gaming; (ii) clearly and visibly display age restrictions; (iii) avoid misleading statements about odds or potential gains; (iv) refrain from portraying betting as socially glamorous or linked to personal or financial success; and (v) avoid suggesting that gambling can serve as an alternative to employment, a financial solution, or an investment strategy.
Implementing these measures goes far beyond mere regulatory compliance: it is a tangible demonstration of betting operators’ commitment to good governance, transparency, and social responsibility. Effective adoption of these practices strengthens legal and regulatory compliance, reinforces the trust of consumers and authorities, and significantly mitigates the risk of civil liability related to the development of gambling addiction.
