One of the "youngest" areas of Legal Sciences, Gaming Law has gained attention in the media due to the regulations published by the Ministry of Finance, as well as some controversies related to advertising, money laundering, and even cases of match-fixing in football involving betting companies.
Although Brazil has always shown potential in the sector – from the creation of the first lotteries during the colonial period to the broad legalization of physical casinos by President Getúlio Vargas in 1933 – discussions about gaming regulation began to gain traction, especially in the 1990s and more recently with Law 13.756/2018.
However, it was only last year, after long debates and changes to Bill 3626, that Brazil definitively passed a law regulating sports betting and online gaming – Law 14.790/2023.
It’s clear that as a lawyer working in the field, you are already aware of this. You’re also likely familiar with the numerous reports citing the arrest warrants of influencer Deolane Bezerra and singer Gusttavo Lima, involved with betting companies, during operations carried out by the Federal Police.
After these cases, countless headlines surfaced in the mainstream media, blaming the ‘Bets’ for all of the country’s and the world’s crises:
- "Bets are the new crack"
- "Bets and Tigrinho cause divorce in Brazil"
- "The betting market takes away consumer spending"
- "Spending on bets causes Class B to eat out less often"
- "Retail company files for bankruptcy; increased spending on betting is one of the reasons"
And the list goes on.
This is the major challenge for a Gaming Law specialist: the majority of your clients are B2B – meaning they are the market players themselves. In practice, the topics covered in non-specialized media outlets will always focus on the consumer, which results in a more negative bias toward the industry.
In this apparent 'witch hunt' context, you might ask yourself: Should I engage with the mainstream media? And if so, how can I position myself assertively and consolidate my role in the field?
Below, I offer five tips for you, lawyer, who is looking to establish yourself in one of the most promising industries in the media:
1) Don’t try to confront head-on
A common mistake specialists make is trying to start a battle with the press by questioning journalists about the narrative against betting. In this case, the editorial stance of most media outlets is already firmly established. Trying to change this is like shooting yourself in the foot. Besides being ineffective, you could permanently close doors with the outlet. See the press as an ally in building your image and reputation.
2) Align your message with your press advisor
If you're still not confident about a press request, seek guidance from your press advisor. Often, the outlet won’t provide the questions in advance, especially on more sensitive topics. If necessary, also hire a Media Training service to participate in interview simulations with specific and challenging questions related to the industry (it’s worth noting that M2 Legal Communication offers this service specifically for lawyers).
3) Support the Responsible Gaming narrative
The requirement for responsible gaming policies is outlined in Law 14.790/2023, and it's essential for the journalist to understand that properly regulated betting must follow rules such as promoting awareness that betting is not an investment but rather entertainment, among other campaigns to combat gambling addiction. Repeat this message as many times as necessary, especially in live interviews where there’s no opportunity for editing.
4) Be constructive and educational
Due to Brazil’s history, especially regarding the physical jogo do bicho – which is considered a criminal offense – the image of gaming is not very positive. In the eyes of most media professionals, all forms of gaming and betting are illegal, including online casinos. Therefore, the idea of an influencer promoting the Jogo do Tigrinho suggests that they are already committing an illegal act, when in fact, they are not. Make this clear to the reporter, and if possible, explain the different types of games briefly.
5) Compile recent and relevant data
Journalists love data – the more recent, the better. Immerse yourself in the gaming sector, talk to clients (and potential clients), and create a database that can be shared with journalists, especially regarding positive economic impacts in Brazil.
Natasha Guerrize
Press Advisor - M2 Legal Communication is an integrated communication agency dedicated to lawyers and law firms.
