Following on from the publication of ordinances last Wednesday (31), the Prizes and Betting Secretariat (SPA) of the Ministry of Treasury published yet another regulation defining the rules for responsible gambling and communication, advertising and advertising campaigns.
Furthermore, the ministry regulated the rights and duties of bettors and operators, to be fulfilled with a view to exploring the sport betting and online gaming modality.
Therefore, responsible gambling is described as a set of rules, practices and activities aimed, in the context of the fixed-odd lottery modality, at ensuring: economic exploitation, promotion and healthy and socially responsible advertising of this modality and prevention and mitigation of harm individual or collective arising from the activity.
The inspection, monitoring and sanctioning rules for non-compliance with the provisions set out in this ordinance will be implemented by SPA from January 1, 2025, when the market regularly comes into operation.
SPA/MF ORDINANCE No. 1,231, OF JULY 31, 2024
THE SECRETARY OF PRIZES AND BETS OF THE MINISTRY OF FINANCE, in the use of the powers conferred on him by art. 55, item I, item “d”, of Annex I of Decree No. 11,907, of January 30, 2024, and in view of the provisions of art. 29, § 3, of Law No. 13,756, of December 12, 2018, in Law No. 14,790, of December 29, 2023, and in MF Normative Ordinance No. 1,330, of October 26, 2023, resolves:
CHAPTER I – PRELIMINARY PROVISIONS
Art. 1 This Ordinance establishes rules and guidelines for responsible gambling and for communication, advertising and marketing actions, and regulates the rights and duties of bettors and operating agents, to be observed in the commercial exploitation of the lottery modality of fixed odds bets, as referred to in art. 29 of Law No. 13,756, of December 12, 2018, and Law No. 14,790, of December 29, 2023.
Art. 2 For the purposes of this Ordinance, it is considered:
I – responsible gambling: the set of rules, practices and activities aimed, in the context of the fixed-odds lottery modality, at guaranteeing:
a) healthy and socially responsible economic exploitation, promotion and advertising of this modality; It is
b) prevention and mitigation of individual or collective harm resulting from the activity, including:
1. negative consequences for the bettor’s mental health due to addiction, compulsion, mania or any disorder associated with gambling or betting, such as pathological or abusive gambling;
2. negative consequences for the bettor’s physical health;
3. violations of consumer rights, especially associated with financial, debt and over-indebtedness problems; It is
4. social problems.
II – betting platform: electronic channel integrated into the betting system used to offer sports betting and online games to bettors;
III – regulator: body responsible for regulating, authorizing and supervising activities related to fixed-odd betting, corresponding to the Prizes and Betting Secretariat of the Ministry of Treasury;
IV – registered account: prepaid deposit or payment account, owned by the bettor, maintained in a financial or payment institution authorized to operate by the Central Bank of Brazil, used as the origin of financial contributions and as the destination of prizes received and withdrawals of financial resources made by bettors with the operating agent;
V – inactive account: bettor’s account with a fixed-odd betting operator that does not place bets for a period of ninety days;
VI – affiliates: individuals or legal entities that advertise for a betting operator, through compensation, even if non-financial, linked to results, such as the number of bettors attracted or the amounts deposited or spent;
VII – online gaming supplier: legal entity that, directly or indirectly, provides online games to betting operating agents;
VIII – betting intermediary: user registered in a betting system who places third-party bets on his own account, settling bets outside the system provided by the betting operating agent;
IX – betting exchange: category in which bettors bet against each other and the multiplier value of the bet – odd – is defined between them and not by the betting operator, who can charge a commission on the net profit of the bet winning bet;
X – rocket texts: short-term message in which an advertising message is transmitted with the aim of promoting the commercial brand;
XI – authentication: identity verification process for the bettor’s registration or access to the fixed-odd betting operator’s system;
XII – rewards: all types of prizes, in cash, points, free bets or other legal form, which are part of a loyalty program or which aim to repay the bettor’s previously established conduct, except for conduct prohibited by art. 29, caput, item I, of Law No. 14,790, of December 29, 2023;
XIII – early withdrawal – cash out: way of bringing the bet to an early conclusion, at the initiative of the bettor, making him entitled to a fraction of the prize;
XIV – Terms and Conditions: document that brings together rules that govern the contractual relationship between the betting operating agent and the bettor;
XV – investigation process: process initiated within the scope of the betting operating agent to verify the occurrence of a legal or regulatory infraction, committed by the bettor against the operating agent, or by the latter against the bettor, the regulator or any public authority, or any one of these two against sporting integrity;
XVI – primary sports betting market: bets on the final result or difference in scores of a sporting event;
XVII – secondary sports betting market: all types of bets related to a sporting event that are not part of the primary market;
XVIII – betting system: computerized system managed and made available by the betting operating agent to bettors that enables the registration of bettors, the management of their virtual wallets and other functionalities necessary for the management, operation and commercialization of fixed-odd bets;
XIX – sponsorship: communication action that is carried out through the acquisition of the right to associate the sponsor’s brand or products and services with a third-party initiative project, through the conclusion of an onerous contract;
XX – theoretical return to player – RTP: percentage of gain programmed by the betting operator agent for the betting system, in relation to the total value of bets placed in a certain number of events or period, and which serves as a measure aggregate and theoretical return of the betting system, which cannot be interpreted as the bettor’s expectation of individual gain per bet; It is
XXI – internet applications: the set of functionalities that can be accessed through a terminal connected to the internet, including video portals, social networks, search engines, artificial intelligence or programmatic advertising platforms.
CHAPTER II – RESPONSIBLE GAMING RULES AND GUIDELINES
Section I – Duties of the Betting Operator Agent to Guarantee Responsible Gaming
Art. 3 For the purposes of implementing responsible gaming, the betting operator must:
I – act diligently in structuring your betting system, all advertising and marketing actions, as well as your physical or electronic channels, in order to:
a) respect the precepts of responsible gaming;
b) prevent addiction and pathological gambling disorders; It is
c) ensure compliance with the prohibition of betting by children and adolescents;
II – promote awareness about the risks of addiction, pathological gambling disorders and the prohibition of gambling by children and adolescents through:
a) collaboration with educational campaigns in the sector aimed at society in general and groups at risk of addiction and pathological gambling disorders; It is
b) carrying out its own educational actions and campaigns with its potential consumer audience;
III – maintain systematic communication with registered gamblers, in accordance with its responsible gambling policy, warning about responsible gambling, risks of addiction and pathological gambling disorders, forms of prevention and treatment alternatives; It is
IV – develop the responsible gaming policy and ensure that it reliably reflects the real functioning of your betting system.
Art. 4 In the betting system, for the purposes of implementing responsible gaming, the betting operating agent must:
I – inform the bettor, at the time of registration, as well as at the time of access to the betting system, regarding the risks of addiction, pathological gambling disorders and loss of bet amounts;
II – inform the theoretical return to the player for each online game available in the betting system;
III – provide guidance on warning signs for self-monitoring regarding the risk of addiction and pathological gambling disorders;
IV – enable bettors to:
a) adoption of a prudential betting limit based on elapsed time, financial loss, total amount deposited or number of bets, with the possibility of linking such limits to daily, weekly, monthly or other periods;
b) option to program, in the betting system, alerts or usage blocks, depending on the time elapsed in the bettor’s session;
c) adoption of pause periods, in which the bettor will have access, but will not be able to bet on their account; It is
d) request for self-exclusion, for a specified period or definitively, in which the bettor will have his account closed and will only be able to register again after the defined period has ended;
V – guarantee a temporary or definitive exclusion mechanism in the betting system, in which the bettor will have his account closed and will only be able to register again after the defined period has ended;
VI – monitor the behavior of gamblers regarding the risk of addiction and pathological gambling disorders;
VII – suggest, regardless of request, the adoption of prudential limits associated with alerts or blocks, the carrying out of a self-test or the adoption of a self-exclusion mechanism for all bettors and users of the platform, in accordance with the profile classification contained in its policy responsible gaming;
VIII – suspend the use of the betting system by bettors at high risk of addiction and pathological gambling disorders, in accordance with its responsible gambling policy;
IX – make available, in a clear and accessible way, a specific “responsible gaming” section in the betting system, with the following minimum content:
a) guidance on how to bet responsibly and on risks associated with betting, including addiction, pathological gambling disorders and other problems associated with gaming;
b) offering a self-assessment questionnaire on risks associated with betting, including addiction, pathological gambling disorders and other problems associated with gambling;
c) indication of “warning signs” for self-monitoring regarding the risk of addiction and pathological gambling disorders;
d) clear instructions for bettors to access preventive mechanisms for addiction and pathological gambling disorders, their history and current situation on the website in terms of time and amounts spent on betting; It is
e) information and protection channels for bettors;
X – maintain easily accessible permanent information panel, with graphic account data, detailing system use time, incurred financial losses and available financial balance;
XI – implement activity time alerts for bettors, according to criteria and frequency defined in its responsible gaming policy;
XII – indicate the service and ombudsman channels for bettors, which must be accessible via the internet, including to guide bettors at risk of addiction and pathological gambling disorders and their families in obtaining help and treatment;
XIII – guarantee, in the case of the physical modality, the service and ombudsman channels also in person;
XIV – make available, in the case of physical modality, information about responsible gambling in the betting operator’s establishments in a visual and easy-to-read format; It is
XV – refrain from entering into a partnership, agreement, contract or any other form of arrangement or business adjustment to enable or facilitate access to credit or commercial development operations by a bettor.
§ 1 The use of devices in betting systems that hinder the bettor’s free and informed choice through any of the mechanisms provided for in the regulations is prohibited, including the use of technological product designs that delay the bettor’s free choice.
§ 2 Requests made by the bettor to increase prudential limits or suspend pause periods can only be implemented by the betting operating agent twenty-four hours after their request, as long as they do not violate the responsible gaming policy.
§ 3 In the case of self-exclusion, the operating agent may adopt a period of more than twenty-four hours, in accordance with its responsible gaming policy, to accept the necessary new registration, if the bettor attempts to be re-included.
Art. 5 The betting operator must maintain a responsible gaming policy, which provides for:
I – educational actions and campaigns;
II – communication policy with bettors on responsible gambling, including information on the frequency of communication;
III – analytical tools and classification and data analysis methodology to monitor and evaluate the risk profiles of gamblers’ addiction, pathological gambling disorders and other problems associated with gambling;
IV – rules and channels for using mechanisms to prevent gamblers’ addiction and pathological gambling disorders; It is
V – forms of assistance to bettors who need help related to addiction and pathological gambling disorders.
Art. 6 In structuring their internal corporate policies, operating agents must instruct and train:
I – its employees, including outsourced workers, who interact directly with bettors, to ensure that they understand the problems associated with addiction and pathological gambling disorders and know how to guide bettors on the topic; It is
II – its partners, managers, collaborators, suppliers and service providers, so that they know the precepts of responsible gambling, particularly regarding the individual and collective negative externalities of the activity, and so that they ensure socially responsible and ethical economic exploration.
Art. 7 In order to contribute to the permanent regulatory improvement relating to responsible gambling, betting operating agents must:
I – evaluate the possibility of obtaining certification on responsible gaming, issued by an organization that offers certification procedures on the topic; It is
II – if the bettor is offered optional betting acceleration mechanisms, such as automated bidding or concomitant sessions, act with caution and permanently evaluate the impact of the mechanism on the incidence of addiction, pathological gambling disorders and other associated problems to the game.
Art. 8 It is the duty of the betting operator to prevent registration or use of its betting system by:
I – under eighteen years of age;
II – owner, administrator, director, person with significant influence, manager or employee of the operating agent;
III – public agent with duties directly related to the regulation, control and supervision of activity within the scope of the federative entity within whose staff he exercises his powers;
IV – person who has or may have access to computerized fixed-odds lottery systems;
V – person who has or may have any influence on the outcome of a real sports-themed event subject to a fixed-odd betting lottery, including:
a) person who holds the position of sports director, sports coach, coach and member of a technical committee;
b) sports referee, sports referee’s assistant, or equivalent, sports entrepreneur, agent or proxy for athletes and coaches, coach or member of the coaching staff;
c) member of the administrative or supervisory body of the administrative entity of a competition or sporting event organizer; It is
d) athlete participating in competitions organized by entities forming part of the National Sports System.
VI – person diagnosed with ludopathy by report from a qualified mental health professional; It is
VII – people prevented from betting by specific administrative or judicial decision, when formally notified.
Art. 9 The Prizes and Betting Secretariat of the Ministry of Finance, together with public or private bodies or entities, may establish guidelines for educational and awareness campaigns regarding the risks of addiction and pathological gambling disorders, with collaboration by part of betting operating agents.
CHAPTER III – COMMUNICATION, ADVERTISING AND ADVERTISING AND MARKETING ACTIONS OF THE FIXED QUOTE BETTING LOTTERY
Section I – Guidelines and Rules for Communication, Advertising and Marketing of Betting Operator Agents
Art. 10. The communication, publicity and marketing actions of the fixed-odd betting lottery must be guided by social responsibility and the promotion of awareness of responsible gambling, aiming at collective security and combating illegal betting.
Art. 11. Betting operating agents, in any communication, advertising and marketing actions, including if broadcast on other application providers, contracted with affiliates or included on their own websites and applications, must:
I – refrain from broadcasting any type of advertising for unauthorized betting types;
II – comply with the precepts of responsible gambling;
III – adopt clear and socially responsible language, always respecting the protection of children under eighteen and other vulnerable groups;
IV – ensure that the message of communication, advertising and marketing actions sent electronically, without request from the recipient, is clearly and unambiguously identifiable, allowing and respecting requests for removal from the list of recipients made by people who do not wish to receive this type of communication;
V – use the word “free” or expressions with the same meaning in any communication, advertising and marketing action only when there is no onerous condition for the bettor to obtain what was promised for free;
VI – offer bettors, at the time of registration, the option to opt-in or opt-out of receiving communication, advertising and marketing actions, and ensure that they can change their preference in the betting system; It is
VII – refrain from forwarding advertising material to bettors who have requested self-exclusion and to those excluded by court decision.
Art. 12. Communication, advertising and marketing actions for fixed-odd betting lottery are prohibited:
I – suggest obtaining an easy win or associate the idea of success or extraordinary skills with betting;
II – present the bet as socially attractive or contain statements from well-known personalities or celebrities that suggest that the game contributes to personal or social success or to improving financial conditions;
III – encourage excessive betting practices;
IV – contain calls to action, suggesting immediate action on the part of the bettor;
V – present betting as a priority in life;
VI – establish a link between betting and personal and financial success;
VII – link bets to illegal or discriminatory attitudes or behaviors;
VIII – contain false or misleading information;
IX – are broadcast in locations:
a) medical and psychological care;
b) intended for all levels of education; It is
c) others intended for use by people under eighteen years of age;
X – convey misleading statements about the chances of winning;
XI – use messages of a sexual nature or the objectification of physical attributes;
XII – promote the use of the product as a means of recovering amounts lost in previous bets or other financial losses;
XIII – contribute, in any way, to offending the country’s cultural beliefs or traditions, including those contrary to the bet;
XIV – suggest or induce the belief that:
a) betting is an act or sign of virtue, courage, maturity or associated with success or personal or professional success;
b) abstaining from betting is an act or sign of weakness or associated with any negative quality;
c) the bet may constitute a solution to social, professional or personal problems;
d) betting can be an alternative to employment, a solution to financial problems, a source of additional income or a form of financial investment; It is
e) skill, dexterity or experience may influence the outcome of a bet on a sporting or online gaming event;
XV – include the participation of a person who is or appears to be under eighteen years of age;
XVI – are aimed at children or adolescents or have this audience as their target audience;
XVII – are broadcast in the media or in programs where people under the age of eighteen constitute the main audience or on an electronic website with an audience profile of those under the age of eighteen;
XVIII – use images of children and adolescents or elements particularly appealing to those under eighteen; It is
XIX – associate betting with cultural activities for children and adolescents.
Art. 13. All communication, advertising and marketing actions by betting operating agents, including any type of piece, material or insertion, including in a digital environment, must display the following warning clauses:
I – age restriction, with “18+” symbol or “prohibited for under 18s” warning; It is
II – on the associated risks of addiction and pathological gambling disorders.
§1 Warning clauses must be clear, legible and proportional to the rest of the communication and advertising action and have a minimum of 10% (ten percent) of the length or size of the advertisement, depending on the type of media.
§2 Warning clauses must, when possible depending on the characteristics of the communication action, be conveyed in spoken and written format.
§3 Warning clauses must include:
I – printed tickets referred to in art. 14, item II, of Law No. 14,790, of December 29, 2023; It is
II – of the betting operator’s websites and applications, on the opening page and in a legible form.
Art. 14. Warning clauses and other guidelines and restrictions may, in addition, be subject to provisions in the advertising self-regulation code.
Art. 15. Every communication, publicity and marketing action regarding fixed odds bets, broadcast in any type of online or offline media, whether paid or free, must be capable of being identified as such by the bettor, under the terms of art. 36 of Law No. 8,078, of September 11, 1990 – Consumer Protection Code.
§ 1 The provisions of the caput apply to promotional, sponsorship, merchandising and testimonial advertising actions, including on own communication channels, such as websites, portals, blogs and social networks.
§ 2 To comply with the provisions of the caput, the identification may be explicitly identified as “advertising report”, “advertising” or another term that expresses its commercial nature.
§ 3 All advertising must contain the number of the ordinance of the Prizes and Betting Secretariat of the Ministry of Finance that authorized the commercial exploitation of the fixed-odd betting lottery by the betting operating agent.
Art. 16. The betting operator must be part of or associated with a responsible advertising monitoring body.
FINAL PROVISIONS
Art. 58. To betting operating agents and their administrators who fail to fulfill the duties referred to in this Ordinance, the regulator will apply, cumulatively or not, the penalties provided for in Law No. 14,790, of December 29, 2023, through due administrative sanctioning process.
Art. 59. The inspection, monitoring and sanctioning rules for non-compliance with the provisions set out in this Ordinance will be implemented by the Prizes and Betting Secretariat from January 1, 2025.
Art. 60. This Ordinance comes into force on the date of its publication.
REGIS ANDERSON DUDENA
