The online betting market in Brazil is still settling into the regulatory process initiated by Law 14,790/2023, but a new challenge is approaching: Bill 2,985/2023, approved this Wednesday (28) in the Senate.
Authored by Senator Styvenson Valentim and reported by Senator Carlos Portinho, the bill proposes severe restrictions on marketing, advertising and sponsorship practices in the fixed-odds betting sector.
The text, voted on symbolically, will now go to the Chamber of Deputies and could represent a real turning point for the customer acquisition model via media, affiliates, sports sponsorship and digital influencers.
Below, we analyze the bill's main impacts and how operators should prepare for a new era of communication in the regulated market.
Overview of Bill 2.985/2023
The declared aim of the bill is to protect the population—especially children, adolescents, and vulnerable groups—from excessive exposure to betting advertisements, aligning the sector with standards similar to those applied to alcohol and tobacco advertising.
The substitute text includes:
* Severe restrictions on timing and content for TV, radio, and live event campaigns
* Prohibitions on using influencers, active athletes, and personalities with youth appeal
* Strict rules for digital advertising and social media, requiring authentication and opt-in
* A ban on any material that teaches or encourages betting, even indirectly
Restrictions on traditional advertising
* Broadcast limited to the period between 9 PM and 6 AM
* For live broadcasts: only 5 minutes before and 5 minutes after the event
* Display of dynamic odds, bonuses, and real-time promotions is prohibited
* Mandatory message: “Betting causes addiction and harm to you and your family”
This places Brazil in a model similar to the "whistle-to-whistle ban" adopted in the United Kingdom, aimed at protecting children and avoiding impulsive stimulation.
Digital advertising and user control
* Allowed only for users over 18 who are properly authenticated
* Mandatory opt-in for push notifications, emails, and promotional messages
* Users must be able to disable betting ads—even on platforms offering compulsory content (e.g., free versions)
These measures will require significant adjustments in programmatic media, remarketing, and CRM campaigns, pushing operators to invest in first-party segmentation and highly permissive communication.
Influencer marketing and endorsements
Complete ban on the use of:
* Active athletes
* Celebrities, broadcasters, and entertainers
* Digital influencers with a general audience
Exception: only former athletes retired for more than 5 years, without appeal to children and young people
Direct impact: Reduced reach, organic engagement, and social proof generated by campaigns featuring familiar faces. This significantly undermines strategies across social media, streaming, and awareness campaigns.
Affiliate programs under fire
* Affiliates will be subject to the same content and timing restrictions
* Prohibited from producing content that teaches, promotes, or compares betting—even educationally
* Platforms, operators, and affiliates may be held jointly liable
This poses a direct threat to the traditional affiliate model, requiring urgent review of contracts and content strategies.
Sponsorships and naming rights
Sponsorship of teams, stadiums, and events is allowed, but with restrictions:
* Ban on uniforms for those under 18
* Ban on children's jerseys sold commercially
* Naming rights allowed, but under specific rules
This change directly affects clubs, leagues, and sports media platforms, which currently rely heavily on betting sponsorships for revenue.
Impact on business metrics
* CAC (Customer Acquisition Cost) is expected to rise, with fewer channels and media windows
* LTV (Customer Lifetime Value) may drop due to reduced recurrence driven by campaigns and bonuses
* Brand awareness will be weakened, especially with limits on organic media and influencers
* Operators will need to compensate through gamification, CRM, loyalty programs, and first-party data
Recommendations for operators
Although Bill 2,985/2023 is still being processed in Congress and may undergo changes in the Chamber, be made more flexible or even be shelved, the current text reveals a clear political and social signal about the direction that betting advertising may take in Brazil.
In light of this, operators should adopt a proactive and preventive stance, incorporating best practices that reduce regulatory risks and strengthen their reputation with the public and regulatory bodies:
* Map all current marketing channels, with special attention to influencer campaigns, programmatic media, and sports sponsorships
* Strengthen internal advertising compliance guidelines—even without formal obligation—adopting policies similar to those in regulated sectors like alcohol and financial products
* Implement robust age and consent verification systems, especially for push notifications, emails, and segmented digital campaigns
* Review contracts with affiliates and influencers, including immediate compliance clauses in case new restrictions are implemented
* Invest in owned channels and first-party data, reducing reliance on mass media and building a more qualified customer base
* Actively monitor the legislative and regulatory process, with legal and institutional support, to anticipate changes and adapt quickly
Even if the bill does not advance in its current form, a more restrictive regulatory movement toward betting marketing is already underway. Operating with responsibility and transparency is not just prudent—it is strategic.
Conclusion: A wake-up call for the future of iGaming marketing
Bill 2.985/2023 represents an ambitious and restrictive proposal for betting marketing in Brazil—and while its goals are aligned with consumer protection and the promotion of responsible gaming, the operational and commercial impacts are significant.
Although the bill is still under review and may be modified, relaxed, or even fail to pass, it already serves as a warning to operators: the trend is toward a more controlled advertising environment, focused on transparency, segmentation, and social responsibility.
Therefore, even without the immediate approval of the bill, betting companies should begin to rethink their strategies:
* Reduce reliance on mass media and influencers
* Prioritize owned channels, CRM, and first-party data
* Implement responsible advertising policies, even before legal obligation
In an increasingly mature regulated market, those who stay ahead of the requirements—not just react to them—will have a competitive and reputational advantage.
Elvis Lourenço
Chief Product Officer at Grupo Aposta Ganha
