The Senate’s approval of the Bill
The Brazilian Federal Senate recently approved Bill No. 2,985/2023, which establishes a new regulatory framework for betting advertising in Brazil. The proposal aims to address issues related to gambling addiction and protect consumers by imposing strict restrictions on the channels, times, formats, and content permitted in advertising campaigns for sports betting and online gaming operators.
However, based on international experience, particularly in Italy, the adopted measures may not only fail to achieve their intended goals but also produce significant negative externalities for the industry, consumers, and the State.
Key restrictions approved
The bill includes several strict limitations, such as:
- Restricted advertising hours: Ads are allowed on television, digital platforms, and social media only between 7:30 p.m. and midnight, plus 15 minutes before and after live sports events. For radio, allowed times are 9–11 a.m. and 5–7:30 p.m. Print media advertising is completely banned.
- Live event ban: Ads are prohibited during live sports broadcasts, even within allowed hours. Real-time odds and dynamic pricing are also banned, except on official licensed operator channels.
- Out-of-hours content: Only organic, non-promoted posts voluntarily accessed by users on official operator platforms are allowed.
- Prohibited content: Ads cannot feature public figures like athletes, coaches, celebrities, or influencers. Also banned are messages linking betting to wealth, extra income, or financial success, as well as any content aimed at children or with discriminatory or sexualized tones.
- Mandatory warning: All ads must prominently display the warning: “Betting causes addiction and harm to you and your family.”
- Mentions and brand visibility: Allowed only if there is no incentive or reference to financial gain, and they must respect age restrictions.
- Digital advertising rules: Only for verified users over 18, with mandatory blocking mechanisms. Platforms are jointly liable if illegal ads are not removed after notice.
- Stadium restrictions: Ads are banned in sports arenas, except when the operator holds naming rights or officially sponsors the competition or team uniforms.
- Promotional communications: Prohibited unless the recipient gives free, express, and informed consent.
- Sponsorships: Permitted but limited — for example, betting brands cannot appear on children's kits or referee uniforms.
The Italian experience: A relevant warning
Similar measures were enacted in Italy in 2018 under the "Dignity Decree," which banned all forms of betting advertising, including sports sponsorships. The goal was to combat gambling addiction. However, the result was a migration of bettors to illegal platforms, which are less transparent and beyond state regulation. Estimates show that the illegal market grew significantly while licensed operators saw their revenues shrink.
Football clubs lost multimillion-dollar sponsorship deals, directly impacting the financial sustainability of the sport, particularly in lower divisions. Moreover, without legal advertising, responsible gaming awareness campaigns were limited, producing the opposite effect of what was intended.
Today, Italy is considering reversing some of these restrictions. The country’s Minister of Sport, Andrea Abodi, recently stated that the measures failed to protect consumers and that reinstating advertising under clear rules may be more effective.
Risks for Brazil
By replicating the Italian model, Brazil risks repeating the same mistakes. Restricting time slots, banning public figures, and severely limiting institutional communication make it harder to distinguish between legal and illegal operators. These rules also hinder sports funding and reduce the space for educational campaigns.
Furthermore, banning ads in mainstream media reduces the reach of prevention messages and best practices, making it easier for unregulated, illegal platforms to spread — platforms that have no control over audience age or betting limits.
Conclusion
Given the international experience — particularly Italy’s failure — Brazil must avoid replicating measures that, while well-intentioned, led to an expansion of the illegal market, loss of revenue for sports, and a reduced ability for the State to educate and protect consumers. The current version of Bill 2,985/2023, by adopting excessive and impractical restrictions, moves in that direction.
Now, the National Congress has the responsibility to thoroughly revise this bill. A more technical debate is needed, grounded in evidence and real-world experience, involving regulated operators, public health experts, regulatory authorities, and civil society. The solution is not outright prohibition but the development of a responsible, transparent, and effective communication model.
It is crucial for lawmakers to take a proactive and courageous stance, moving beyond political symbolism toward balanced regulation. Only then will it be possible to protect consumers, curb illegality, and ensure a healthy, sustainable betting market aligned with the country’s democratic and economic principles. The moment calls for fine-tuning — not the approval of a model that has already failed elsewhere.
Rafael Marchetti Marcondes
Chief Legal Officer at Rei do Pitaco and President of the Bets and Fantasy Sport Association (ABFS). Professor of Sports, Entertainment, and Tax Law. PhD and Master in Tax Law from PUC/SP. MBA in Sports Management from ISDE, Barcelona/Spain. MBA in Sports Betting Management from the University of Ohio, USA.
