This Tuesday (19), the Department of Consumer Protection and Defense of the National Consumer Secretariat (Senacon) of the Ministry of Justice issued a precautionary measure published in the Official Gazette of the Union (DOU).
The action defined the suspension, throughout the national territory, of any reward advertising related to an advance, anticipation, bonus or prior advantage, even if merely as a promotion, publicity or advertising, for placing a bet.
Furthermore, the precautionary measure also banned, nationwide, any type of advertising of online gambling games to children and teenagers.
According to the DOU, non-compliance with any of the measures listed subjects interested parties to the imposition of a daily fine in the amount of R$50,000, which will apply until full compliance with the measure.
Check out Senacon order No. 2,344/2024 in full:
“Interested Party: Market Sector of Fixed Quota Betting Service Providers (list attached) Summary: Monitoring of the online gaming and betting market regarding bonuses and advertising of betting games. Preventing and combating over-indebtedness. Guaranteeing the safety of vulnerable people in the consumer relationship, with special attention to hyper-vulnerable people such as children and the teenager.
Determination of precautionary measure so that: (i) suspend, throughout the national territory, any reward advertising related to advance, advance, bonus or prior advantage, even if merely as a promotion, publicity or advertising, for the carrying out of bet; (ii) suspend, throughout the national territory, any advertising of fixed-odd online betting games (bets) for children and teenagers; and (iii) present, within 10 (ten) days of becoming aware of the precautionary decision, a transparency report on the measures adopted to comply with the respective suspensions.
In the case file, the reasons expressed in TECHNICAL NOTE No. 6/2024/CMM/CGEMM/DPDC/SENACON/MJ (SEI No. 29789579) are accepted, which become part of this decision, and are determined, cautiously, based on in the sole paragraph of art. 56, of the CDC, in article 33, § 3, of Decree No. 2,181, of 1997, and in art. 7th of Senacon Ordinance No. 7, of May 5, 2016, that companies in activity, authorized to explore fixed-odd bets, national and state, according to the list published by the Secretariat of Prizes and Bets, of the Ministry of Treasury https:// www.gov.br/fazenda/pt-br/composicao/orgaos/secretaria-de-premios-e-apostas/lista-de-empresas
A) suspend, throughout the national territory, any reward advertising related to an advance, advance, bonus or prior advantage, even if merely as a promotion, publicity or advertising, for placing a bet;
B) suspend, throughout the national territory, any advertising of fixed-odd online betting games (bets) for children and teenagers; and
C) present, within 20 (twenty) days of becoming aware of the precautionary decision, a transparency report on the measures adopted to comply with the respective suspensions; Failure to comply with any of the measures listed subjects interested parties to the imposition of a daily fine in the amount of R$50,000.00 (fifty thousand reais) for non-compliance, which will apply until full compliance with the measure. This Order must be published in the Official Gazette of the Union. Intimate.
VITOR HUGO DO AMARAL FERREIRA – Director”.
