In the notice, the AGU argues that Brazilian law (Law No. 14,970/2023 and SPA/MF Ordinance No. 1,207/2024) requires that so-called fixed-odds betting, which includes online betting and gambling, can only be offered with prior authorization issued by the Ministry of Finance.
Therefore, companies that have not obtained authorization from the Ministry of Finance are operating illegally, which also renders the advertising of their services and applications illegal. As a general rule, authorized websites must use the “.bet.br” domain, for example.
“This is, therefore, an evidently illegal activity (as these profiles are not authorized by the Ministry of Finance) – which may also be connected to tax evasion, money laundering, crimes against consumer relations, fraud, and other illegal practices – making their advertising an equally illicit activity,” reads an excerpt from the notice.
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Through a search in Meta’s Ads Library, hundreds of active ads were identified from profiles that do not meet the requirements of Brazilian legislation.
In the document, the AGU also points out that in a recent decision on the constitutionality of Article 19 of the Brazilian Internet Bill of Rights (Marco Civil da Internet), the Supreme Federal Court (STF) ruled that digital platforms are presumed to be liable for illegal content when it comes to paid ads and boosted posts. In such cases, companies must “prove that they acted diligently and within a reasonable time to make the content unavailable.”
In the notice, the AGU requests that the illegal advertising be removed within 48 hours and that Meta refrain from again boosting content that does not fall within the list of companies authorized to engage in online betting and gambling activities by the Ministry of Finance and regulatory bodies.
The AGU also states in the document that, despite the company’s recent efforts – which include the promise to update its terms of use regarding gambling advertisements – the verification process still presents shortcomings that need to be addressed.
Source: GMB
