New advertising rules for betting in Brazil: what changes with the regulatory package of July 2026?

Opinion I 27.07.26

By: Magno José

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New advertising rules for betting in Brazil: what changes with the regulatory package of July 2026?
Caio de Souza Loureiro, Carla Cavalheiro Arantes, Ian Delgado Diniz de Oliveira, Jun Makuta, Patrícia Helena Marta*

Between July 3rd and 10th, 2026, during the FIFA World Cup, the federal government issued three decrees redesigning the advertising rules for fixed-odds betting in Brazil. The major change is that the regulatory package encompasses the entire communication chain of the sector, from operators to digital influencers, including media outlets, platforms, and social networks. These measures reflect growing pressure for more robust responses from the government in a market that, according to Central Bank data, moved between R$ 18 billion and R$ 21 billion per month in 2024, with approximately 24 million individuals making transfers via PIX to betting companies.

The changes involve three regulatory instruments. The first is Ordinance SPA/MF No. 1.964/2026, signed on July 3rd by the Secretariat of Prizes and Bets of the Ministry of Finance, which amends Ordinance SPA/MF No. 1.231/2024 to create standardized warning phrases and revoke rules on rewards. The second is Interministerial Ordinance MF/SECOM/MJSP No. 73/2026, of July 10th, resulting from an unprecedented joint effort between the Ministry of Finance, the Secretariat of Social Communication of the Presidency, and the Ministry of Justice and Public Security, which establishes consumer protection rules applicable to the entire advertising chain. Finally, the third is Ordinance GAB/SENACON No. 71/2026, also of July 10th, which establishes a Working Group to coordinate the supervision of the betting market by the National Consumer Protection System.

It is clear that the timing of the new regulation is not accidental. The rules arrive during the world's largest sporting event, a period in which the volume of bets naturally intensifies due to extensive media coverage and the strong presence of companies in the sector through sponsorships and sports broadcasts. In this scenario, episodes involving live sports broadcasts gained national attention, especially when channels with large audiences began to mix editorial content with advertising from betting operators. This practice raised questions about the limits between sports information and the inducement to consume bets, leading the National Consumer Secretariat (“SENACON”) to open an investigation, as well as inspiring draft laws in Brasília. This set of factors became the main catalyst for the regulatory package.

What changes in practice

One of the most visible changes for the public is the introduction of mandatory warning phrases. From July 17, 2026, all gambling advertisements must display one of three standardized messages: “Ministry of Finance warns: Gambling can cause addiction”, “Ministry of Finance warns: Gambling makes you lose money” or “Ministry of Finance warns: Gambling is not an investment”. According to the regulations, the warning must be horizontal, clear and legible, and occupy at least 10% of the length or size of the advertisement.

Previously, the regulation required a more generic warning about the risks of addiction and pathological gambling disorders, which gave operators greater discretion to choose between the warning clauses provided for in Article 13 of Ordinance SPA/MF No. 1.231/2024 and Annex X of the National Council for Advertising Self-Regulation (“CONAR”).

Furthermore, the same Ordinance revoked paragraph 4 of article 42 of Ordinance SPA/MF No. 1.231/2024, which dealt with the free distribution of prizes through raffles, gift certificates or contests for advertising purposes.

While Ordinance SPA/MF No. 1.964/2026 targets the advertising piece itself, Interministerial Ordinance No. 73/2026 goes further and affects those who produce, distribute, and broadcast it. This is the most far-reaching regulation in the package and the one that most attracts the sector's attention. Its provisions apply not only to betting operators but also to media outlets, internet application providers, influencers and affiliates, platforms and social networks, and any individual or legal entity that produces, promotes, sponsors, disseminates, or boosts betting advertisements.

This represents a significant conceptual shift. Until now, the regulatory framework focused predominantly on operators. Now, responsibility is shared, and the entire advertising chain must observe principles such as transparency, good faith, responsible gaming, protection of children and adolescents, protection of vulnerable individuals, protection of personal data, and protection of mental and financial health.

The Interministerial Ordinance provides an illustrative list of conduct that constitutes abusive, misleading, or fraudulent advertising. According to the provision, it is forbidden to promote unauthorized operators or display their distinctive signs, as well as to provide links, coupons, QR codes , or any mechanism that directs the user to irregular channels. Of particular note is the prohibition of predictions and "tips" that, due to their similarity to editorial content, could induce betting on a specific event or market—a direct response to practices that gained notoriety during recent sports broadcasts.

Also expressly prohibited are the following actions: suggesting easy money or associating gambling with personal and financial success, including through celebrities; presenting gambling as a source of income, an alternative to employment, or a means of recovering losses; using calls to action that encourage excessive gambling or impulsive acts; displaying winning bets, including those in real currency; and disseminating content directed at children and adolescents.

Another relevant innovation is the increased care taken with prior verification. Before running any betting advertisement, anyone who produces, promotes, sponsors, or boosts betting advertising must verify that the operator is, in fact, authorized to operate in the country, collecting and maintaining minimum advertiser data (name or company name, CNPJ [Brazilian tax ID], and authorization number), as well as displaying this information clearly and accessibly in the advertisement interface.

In practice, holding the advertising chain accountable is not entirely new, given that Law No. 14.790/2023 already classified as an offender any agent who disseminated or distributed advertising material from an unauthorized operator, as per articles 39, VI and XII, subjecting them to the sanctions provided for in the legislation. What the Interministerial Ordinance does is regulate and detail these restrictions, making the obligations more concrete and operable for the agents in the chain.

The law is also categorical in its protection of children and adolescents: all gambling advertising directed at children and adolescents is considered abusive by legal definition, and app stores are responsible for preventing minors from accessing gambling apps, while social media platforms are responsible for preventing the display of gambling advertising to this audience. This approach is consistent with the constitutional framework for the comprehensive protection of children and adolescents and aligns with recent legislation, such as the Digital ECA (Brazilian Statute for Children and Adolescents).

Coordinated oversight and sanctions

The third regulation in the package, Ordinance GAB/SENACON No. 71/2026, has an institutional scope. It creates a Working Group with representatives from SENACON, PROCONs Brazil, the Public Prosecutor's Office for Consumer Affairs (“MPCON”), the National Council of Public Defenders-General (“CONDEGE”), and the Public Prosecutor's Office of the Federal District and Territories (“MPDFT”), with the mission of preparing a technical diagnosis of consumer relations in the sector, formulating inspection protocols, and presenting a final report with guidelines. The Working Group will have a duration of 90 days, extendable for an equal period, with bi-weekly ordinary meetings. The rationale for its creation came from Technical Note No. 9/2026/Gab-DPDC, which justified, in light of the Consumer Protection Code and Law No. 14.790/2023, the coordinated action of the National Consumer Protection System in the betting market.

Infractions of the new rules will be investigated autonomously and independently by SENACON, within the scope of consumer law, and by the Secretariat of Prizes and Betting, in accordance with Law No. 14.790/2023. The application of sanctions may lead to administrative proceedings for the suspension or cancellation of the offender's registration in the National Registry of Advertising Agents (Midiacad), in addition to the application of substantial fines, which may reach up to R$ 14 million before SENACON and R$ 2 billion before the Secretariat of Prizes and Betting.

What to expect from now on

The July 2026 package marks a new regulatory benchmark for the betting market in Brazil. The National Association of Games and Lotteries (ANJL) expressed support for the new rules and advocates for strict compliance with the regulations, understanding that "advertising campaigns that do not comply with current regulations harm the image of the sector and should be subject to appropriate measures."

At the same time, the organization issued a warning that deserves attention: the new requirements must be accompanied by strengthened oversight and the fight against illegal platforms that operate without authorization from the federal government, do not pay taxes, violate advertising rules, and fail to adopt mechanisms to prevent money laundering, access by minors, and compulsive gambling.

According to data released by the Treasury, 51% of the betting market is still illegal, and licensed companies, which are naturally subject to tax and compliance obligations , compete on unequal terms with clandestine operators who do not bear any of these costs. For the regulated sector, responsible advertising is precisely what allows consumers to differentiate legal platforms from illegal ones. In this sense, any excessive restrictions on the communication of licensed companies, without proportional tightening against irregular ones, could deepen this asymmetry.

The real test, therefore, lies not only in the creation of new rules, but in the ability of the Public Authorities to apply them in a balanced way. It will be necessary to observe in the coming months how the coordinated oversight between the Treasury, SENACON (National Consumer Secretariat), and the consumer protection system will materialize in practice, both regarding the advertising chain of the regulated market and the platforms that operate outside the law. The balance between consumer protection and the competitive viability of the legal market will be crucial for the sector's maturation in Brazil.


(*) Caio de Souza Loureiro, Carla Cavalheiro Arantes, Ian Delgado Diniz de Oliveira, Jun Makuta, Patrícia Helena Marta are lawyers at TozziniFreire Advogados.

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