With the innovation of Law No. 14,790/2023, the most discussed topic is the regulation of sports betting and the impacts it may have on the country. Today, we will discuss the example of BETesporte, a pioneering company in the field of sports betting in a responsible manner, which promotes the advertising of betting activities responsibly and consciously, in accordance with Brazilian legislation.
In other words, BETesporte's standard has always been to comply with the applicable, albeit complementary, legislation applicable to the field, while Law No. 14,790/2023 had not come into force. Today, we have the aforementioned Law No. 14,790/2023 and CONAR's Annex X, but we have always had the Consumer Protection Code and the Statute of Children and Adolescents (ECA) to observe and comply with not only legal but also ethical precepts.
With the advent of Law No. 14,790 and Annex X, we have something more refined and specific for our field, but it is not new, nothing out of this world, because what we have today is aligned with Brazilian legislation that has existed for some time.
An example we can bring is that BETesporte has always valued the protection of the rights of children and adolescents and consumers. It is important to note that the law regulating sports betting was published in December 2023, meaning it is considered a novelty by many, but we at BETesporte know that there have been regulations since 1941 and 1990, for example.
They are respected here in the company and must be respected by everyone in society because, as a logical and legal matter, protecting the consumer and the rights of children and adolescents is the duty of every company.
What does the law say?
Law 14,790/2023 and CONAR introduce the "Principle of Protection of Children and Adolescents" through affirmative and preventive measures so that betting advertisements do not have children and adolescents as participants or target audiences. In light of this principle, special care should be taken in the preparation of their advertising content. Among such care, it is worth mentioning a few as examples:
a. All advertisements must clearly contain a "18+" symbol or a warning "prohibited for minors under 18 years old"; b. People appearing in advertisements in the segment, placing bets, playing a significant or prominent role, must be and appear over 21 years old; c. Advertisements should never invite children and adolescents to play or suggest they can play or place bets online or offline.
But this is not new for BETesporte, as Decree Law No. 3,688, known as the Penal Contraventions Law, has established since 1941 a punishment of one-third more imprisonment and fines for those who promote gambling with the participation of minors.
Similarly, BETesporte, always attentive to legislation in general, preserves the rights of children and adolescents because, for example, Article 80 of the Statute of Children and Adolescents – ECA, from 1990, recommends that children do not enter gambling houses or have contact with this type of adult games, being subject to a fine for the company that disrespects such a precept.
Annex X
CONAR established Annex X providing practices that companies and digital influencers must comply with to conform to laws, norms, and regulations. These are ethical behaviors based on transparency and social responsibility, which the Civil Code has provided since 2006.
Annex X was prepared based on several consumer protection principles already known by our company because they are provided for in the Consumer Protection Code, the Civil Code, and the ECA. Among the foundations, it is worth highlighting the transparency of information, social responsibility, and responsible gaming.
Adopting this type of standard practice made BETesporte what it is today, a respected and credible betting house admired in the field.
Influencers and responsibilities
BETesporte's commitment to the consumer also extends to the company's collaborators. Representing the brand means being in tune with our legal guidelines. The well-known influencers or digital influencers, when taking on the responsibility of representing BETesporte, also commit to the company's standards. Complying with what the authorities determine is a non-negotiable rule.
Taking advantage of the space, it is worth drawing the attention of influencers to the responsibility they have according to national legislation. The Civil Code provides for liability for damages caused to third parties and misleading or abusive advertising, which can be applied if online gambling advertising by influencers is contrary to what is determined and causes harm to consumers.
In the criminal sphere, in more severe cases, influencers can be held accountable for money laundering or even fraud if the influencer's participation and intention to promote illegal activities are proven.
Attentive to legal issues, BETesporte provides guidance and educational material for influencers and consumers to avoid punishments, irregular behaviors, and damages to third parties, enabling betting activities in the mold of BETesporte's standard, with social responsibility and legally framed.
Isadora Pires
Lawyer of BETesporte's Legal Department
