CONAR publishes Annex of advertising duties for Brazil betting regime 

CONAR, Brazil’s advertising watchdog, has published ‘Annex X’ of “self-regulation rules” for betting advertising campaigns, needed for the launch of the country’s pending federal sports betting marketplace.

Referred to as the National Advertising Self-Regulation Council, CONAR is a non-governmental body that oversees the standards and conduct of Brazil’s advertising code implemented across all media platforms.

The publishing of Annex X follows President Lula da Silva’s signature of Bill PL3626/23, which established the federal framework for Brazil to launch its sports betting regime, which will be commonly referred to as ‘Bets’.

CONAR had chosen to wait on the Senate’s assessment of the Bets regime’s law before publishing its Annex of recommendations on sports betting advertising.

In the Bill’s final assessment by the Chamber of Deputies, ministers agreed that Brazilian gambling advertising must “emphasise responsible play and include warnings about its potential harm. Advertising that portrays gambling as socially attractive is prohibited”.

The document takes the form of ‘five principles’ that licensed operators must ensure are upheld by their marketing campaigns, safeguarding Brazilian audiences.

The “Principle of Advertising Identification” is outlined as the first command of Annex X, in which operators must ensure a “clear disclosure of the advertisement’s commercial intent” and the company promoting the campaign.

The above requirement aligns itself with Brazil’s Consumer Protection Code, to assure that advertisements are “promoted transparently and reveal their commercial nature to consumers”.

Betting campaigns must reference terms and conditions and provide authorisation details to ensure consumers of the legitimacy of the advertiser and the offer being promoted.

Operators must uphold a “Principle of Veracity and Information”, as a requirement to ensure that gambling is promoted responsibly as advertisements cannot normalise gambling as an activity.

The Principle highlights the need to refrain from “misleading or unrealistic information about winning probabilities, suggesting that higher bets increase winning chances, or implying that betting leads to enrichment”.

The Principle of Presentation of Truth and Information mandates accurate representation of the nature and possible outcomes of betting, forbidding guarantees of certain earnings and misleading information about winning odds and risks, to aid informed consumer decisions.

The Principle of Protection of Children and Adolescents imposes advertising duties to safeguard minors, requiring “18+” symbols, banning child-related elements, employing age filters, and ensuring all models in ads appear over 21. It extends these rules to social media.

Brazilian audiences must be safeguarded by the Principle of Social Responsibility and Responsible Gaming, which prohibits promotions of excessive or irresponsible betting and emphasises the risks of financial and psychological harm.

Following President Lula’s federal sign-off, 2024’s agenda will see the Ministry of Finance publishing regulations to initiate Brazil’s federal sports betting market. 

Outstanding responsibilities will include establishing a ‘dedicated market supervisor’ to oversee standards, conduct, and consumer protection in the country’s new gambling sector.