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The potential of social networks these days is essential for the proper functioning of the economy in general, be it disclosure rules, promotion or even sweepstakes and betting.

Because of this, the Ministry of Economy has been looking for ways to establish clearer rules for sweepstakes promotions on social media, creating a mechanism to alert every consumer about the legality of the sweepstakes.

The JOTA Info portal published an article detailing how this would be done and what are the main objectives of this discussion about commercial promotions.

Read in full the news about the commercial promotion of sweepstakes and betting

The Ministry of Economy must discuss with social networks rules for the promotion of sweepstakes within these media.

The idea is to create some mechanism in which every time there is a promotion by some type of influencer or profile, a message is placed alerting the consumer to the need to verify that the draw is registered and follows the legislation. Something like what already happens on Instagram when talking about Covid-19 and the person already receives a message with information.

The discussion takes place within the scope of the new rules for commercial promotions, which are being developed in the economic area. The idea is to have something ready in the next three months, according to a senior source.

In this context, the ministry prepares an ordinance to change the rule of requirement for registration of sweepstakes and place this obligation for prizes with values ​​above R$ 10 thousand.

There was a draft Provisional Measure ready to deal with the issue, however, with the end of the Evaluation, Energy and Lotteries Secretariat (Secap) and the division of its activities, the discussion changed course and, under the direction of the Special Secretariat for Employment and Competitiveness (Sepcec), the idea is to invoke the law of economic freedom and make the measure only by ordinance. To this end, sweepstakes worth less than R$10,000 would be classified as low-risk activities, using the rules of Decree 10,178.

Another topic that was Secap and went to Sepec, the decree with the regulation of the sports betting market is technically ready for signature by President Jair Bolsonaro, but there is still no forecast of when this will occur. There will be a requirement for a grant of R$ 22 million and its validity begins four months after the presidential signature.

In this transition period, an ordinance will also be issued by the Ministry of Economy operationalizing the details of the decree. This additional regulation will be drawn up based on research that is already underway and on public consultation, which is yet to be carried out.

But it is clear that the advertisements of these companies, after these regulations, can only be made to those who are within the rules and have paid for the grant.