The hot topic of the moment, the fixed-odds lottery for online sports and virtual gaming events, already adopted in several other countries, was legalized in Brazil and led to an exponential increase in the number of betting platforms. With this growth, it became necessary to increase advertising about the new business activity.
The growth of the betting market generates a notable increase in tax collection and opportunities for new revenue. However, it also generates an urgent need to create public policies to prevent, mitigate and raise awareness of the risks inherent in betting, especially with regard to public health, integrity and protection of vulnerable people.
Aware of the risks involved, the regulation of the topic was widely debated by the National Congress and the Executive, through the Prizes and Betting Secretariat of the Ministry of Finance.
The regulation is very broad. It ranges from obtaining authorization to explore the commercial activity of responsible gaming to preventing money laundering, with the consequent monitoring, inspection and application of sanctions.
The law establishes rules and guidelines for responsible advertising in communication, advertising and marketing actions. There is also strict control through self-regulation, carried out by the National Advertising Self-Regulation Council (Conar), which deals with the topic in its own annex, in the Brazilian Advertising Self-Regulation Code, prepared with the participation of several actors in the advertising chain.
Although they are independent texts, there are several points of connection between them regarding the rules governing communication actions, in order to practice “socially responsible advertising.”
Some points of concern were resolved by the regulation, which prohibits encouraging the disclosure of certain winnings or control of results and which may encourage reckless behavior by bettors.
True advertising, easily identified, is different from editorial content, in addition to requiring the insertion of warning clauses in advertisements, thus protecting vulnerable people. Images of people under 21 years of age are not permitted to star in the advertising piece. Proof that the betting operator is a member of or associated with an organization that monitors honest and responsible advertising is also required. Only operators legally authorized to operate the activity in Brazil may advertise.
It is undeniable that the agencies involved have taken all necessary precautions regarding advertising, publicity and marketing actions for bets, guided by the best international practices for combating pathological gambling, with particular protection for children, adolescents and other vulnerable people.
Radio and television broadcasters, which are part of one of the most highly regulated sectors in the country, strictly and ethically comply with the rules imposed by legislation and self-regulatory determinations. It is important to note that almost all representations to Conar are linked to betting advertising on social media and the internet.
The most frequent complaints and reports received by Conar concern irregular advertising carried out by digital influencers, including children, in a free and unregulated environment and without any control.
Of all the open representations, none received a ban or removal order aimed at radio or television. This data is important to demonstrate, once again, the disregard of digital platforms regarding responsibility in the dissemination of illegal content in the digital environment and the lack of transparency in compliance with the advertising rules in force in Brazil.
The legal rules surrounding advertising, valid for the various advertising media and formats, must be applied to all. Radio and television reinforce their commitment to ethical and socially responsible advertising, which is essential for the balance of the exercise of the right to advertise, while taking the necessary precautions to mitigate the risks associated with betting.
Flávio Lara Resende
President of the Brazilian Association of Radio and Television Broadcasters
