Digital influencers, with their exceptional ability to cultivate engagement and build communities, have a significant impact on their followers' decisions and behaviors. This not only strengthens the bonds between the influencer and their audience, but also creates opportunities for sharing ideas, experiences and information.
In an increasingly competitive market, the influence and connection provided by digital influencers have become valuable assets for companies that want to increase their visibility and promote their products or services. Companies in all industries are capitalizing on the influence of these influencers to reach a wider and more diverse audience.
In the betting ecosystem, this phenomenon is no different. Betting operators are using digital influencers to increase their brand awareness, attract new bettors and create competitive advantages in a voracious market.
However, the strategies employed by digital influencers to promote betting services, including how they are compensated for these partnerships, can pose significant risks for their followers. Depending on how these services are promoted, influencers can become the target of investigations or even lawsuits by the relevant authorities.
Jurisdictions with mature gambling regulations, such as the UK, have developed well-defined policies to regulate the promotion of gambling by digital influencers. The UK Gambling Commission, for example, mandates that all commercial activations promoted or associated with digital influencers on their platforms are correctly age and geographically delimited. This criterion is essential to ensure that content that promotes online gambling is not accessible to audiences deemed inappropriate, such as minors.
These policies, in conjunction with Responsible Gaming guidelines, seek to balance the benefits of influencer marketing with the need to protect consumers and preserve the integrity of the betting industry. These also act as a reminder to digital influencers of their legal and ethical responsibilities when promoting betting services. Failure to comply with these obligations can lead to legal consequences, reaffirming that digital influence must be exercised responsibly and within established guidelines.
In Brazil, the promotion of betting services by digital influencers has grown exponentially. Some influencers are even starting their own operations in the sector. This trend has raised concerns about exposing young audiences to gambling content, as well as potentially unethical endorsement, which can lead to an unrealistic perception of odds and recurrence of winnings.
Although there are guidelines outlined by social networks and various online platforms, gambling advertising in Brazil is still not properly regulated. This has generated a scenario permeated by legal uncertainties and ethical dilemmas. However, this reality is about to change. Recently, the Brazilian Institute of Responsible Gaming (IBJR) and the National Advertising Self-Regulation Council (Conar) signed an agreement to create rules and guidelines related to betting advertising in Brazil.
The main objective of this agreement is to establish the best practices in the sector, anchored in fundamental principles such as transparency, integrity and social responsibility. This is a joint effort to standardize the advertising aspect of the betting industry, a measure that digital influencers must obligatorily observe when they enter into partnerships with companies in the sector.
The Bichara e Motta Advogados team is closely monitoring the development of betting regulation in Brazil and providing legal advice to various players in the market.
Udo Seckelmann
Lawyer responsible for the Gambling & Crypto department at Bichara e Motta Advogados. Graduated from the Pontifical Catholic University of Rio de Janeiro (PUC-Rio). Master (LLM) in International Sports Law from the Instituto de Derecho y Economía (ISDE) in Madrid, Spain. Member of the National Academy of Sports Law (ANDD) – Youth Commission. Vice-President of the OAB/RJ Sport and Entertainment Commission – Barra da Tijuca subsection. Member of the Special Committee on Sports, Lottery and Entertainment Law of the OAB/RJ.
Pedro Heitor
Intern at the Gambling & Crypto department at Bichara e Motta Advogados. Graduating from the Pontifical Catholic University of Rio de Janeiro (PUC-Rio). Cryptocurrency market enthusiast and founder of the legal community PedroHeitor.ETH.
Source: Bichara e Motta Advogados
