Operators rally behind self-regulation in Brazil’s sports-betting industry amidst uncertainty

Maria Debrincat July 27, 2023
Operators rally behind self-regulation in Brazil’s sports-betting industry amidst uncertainty

Operators show support for self-regulation in Brazil’s sports-betting provisional measure

In a significant development, operators in Brazil have voiced their backing for the self-regulatory approach proposed in the sports-betting provisional measure. This measure, passed on July 25th, outlines limited rules concerning advertising, while granting the “National Advertising Self-Regulation Council (CONAR)” the authority to impose additional restrictions and guidelines. Despite the positive reception, uncertainties linger for companies seeking to enter the Brazilian market.

Collaboration between CONAR and IBJR to implement self-regulation

CONAR and the Brazilian Institute of Responsible Gaming (IBJR) have taken a noteworthy step forward by joining forces to introduce self-regulation within the sports-betting industry. Major international operators, including Flutter and bet365, are part of this collaboration. The code of conduct on responsible advertising adopted by IBJR members includes a voluntary ban on daytime advertisements, with the exception of live sporting events.

Legal implications and ongoing discussions

The self-regulatory guidelines proposed by IBJR will serve as the basis for advertising rules. However, a collaborative working group comprising IBJR, media groups, CONAR, and other stakeholders will engage in in-depth discussions, indicating the potential for evolving regulatory landscape over time. As Brazil’s advertising industry has historically relied on self-regulation, the enforceability of CONAR’s guidelines remains a topic of ambiguity.

The potential impact on online casinos advertising

Uncertainty prevails among casino operators regarding advertising practices in Brazil, as a definitive decision from CONAR is yet to be made. Legal experts, including gaming lawyer Udo Seckelmann, argue that online casinos’ advertising might not be considered illegal due to their legalization and regulation in other countries where they hold licenses. The implementation of self-regulation is seen as a potential solution to offer clarity on permissible advertising actions.

Political influence and regulatory outlook

The ultimate certainty in sports betting regulation hinges on the decision of Arthur Lira, the president of the Chamber of Deputies. Lira’s influence has already led to a delay in the provisional measure, which may be replaced with an accompanying urgency bill under his control. Stakeholders are closely monitoring the unfolding situation and developments in Brazilian politics and regulation as the Congress holds the power to approve, reject, or amend the measure within a 120-day timeframe.

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