
One of them is the project that restricts the times in which these ments can be broadcast (Bill 2.985/2023). The original text, by Senator Styvenson Valentim, prohibited any communication action that promoted the sports betting lottery.
Senator Carlos Portinho, in his amendment, authorized the broadcasting of ments between 9 pm and 6 am on radio and television, as well as a short period before and after live sports matches or events, in order to reduce the exposure of children and adolescents.
In the digital environment, advertising on social media and other platforms will only be permitted for authenticated s who are demonstrably over 18 years of age.
Portinho's text also prohibits the use of images in advertising material of active athletes, artists, communicators, influencers, authorities or public figures of notable recognition, as well as the participation of any person, animations and visual elements aimed at children and young people.
According to the rapporteur, the measure seeks to prevent the influence of these figures or elements attractive to minors from inducing or encouraging the practice of betting. The only exception was for the use of the images of former athletes who have left the sport for at least five years. He explained that he decided to accept a suggestion made by Senator Romário, who warned about the financial difficulties of many of these professionals.
Debate
Although he believes that the report “does not harm” the actors involved, Senator Jorge Kajuru also stated that he is seeking some understanding with the rapporteur. He said he is concerned about the financial situation of the clubs and broadcasters, which, according to him, need this type of financing.
“Everyone knows that I defend my profession, which is the press, for which I have lived and worked for 50 years on national television, and I am also concerned about the financial situation of many teams in Brazil. But know that Senator Portinho’s report only requires a conversation between us, but we will not disagree on anything. His report does not harm anyone, it is not harmful to any profession, to any class,” he stated.
Portinho emphasized that, even though he is against allowing any type of advertising for bets, he understood that the activity was permitted and, therefore, needs to be regulated. He said he understands that voting is a collective effort and welcomed Senator Kajuru's initiative to seek to contribute to the final text.
However, he regretted that the sector itself, even after a year of approval of the laws (Law 14,790, of 2023 and Law 13,756, of 2018) that authorized the practice of online gambling, has not carried out self-regulation, which, in his opinion, has further expanded the advertising methods that trigger the player's vulnerability and propensity for addiction.
He explained that the logic of the project, in addition to preventing the proliferation of advertising among children and young people, is to value sponsorship, regulating advertising. For him, it is time for everyone involved in this market and also the representatives of the people in the National Congress to demonstrate a minimum of social responsibility by approving the proposal.
“Betting, against my vote and that of other colleagues, is a legal activity that is now regulated in the country. So I don’t think it’s time to simply obstruct or restrict any advertising, but to discipline it (…) What I wanted to do here was to regulate this advertising. Because it’s massive. I think it’s the only sector of the economy where we see ‘ambush marketing’,” he said.
Senator Eduardo Girão defended that Congress vote on a bill to reverse the legalization of online gambling in Brazil. He emphasized that, in addition to a large part of the Brazilian population being addicted to gambling, sectors such as sports, especially soccer, and the media “are also addicted” due to the high financing injected by betting houses.
Leila Barros, president of CEsp, said that Portinho’s amendment values common sense and that it is a good alternative for the collective good. “It is worth reflecting and those who are complaining should get out of their bubble and start seeing the world from another perspective and, above all, the collective sense. It is not just social.”
Other restrictions
Also according to the amendment, during broadcasts of live sporting events, the display of dynamic odds or probabilities updated in real time will not be permitted. According to Portinho, the measure aims to prevent the encouragement of impulsive bets during the course of the matches.
Programs in any type of media that encourage or teach the practice of gambling will also be prohibited; he cited tutorials that are easily found on YouTube as an example.
The new text also prohibits messages that present betting as a form of investment, an opportunity for extra income or a guarantee of financial return, “seeking to curb advertising that distorts the nature of gambling and that may lead people to undue financial risks”.
As with cigarette packs, according to the proposal, a clear and conspicuous warning about the risks of betting will be required. “In this case, the senator demands in the text that the message be: “betting causes addiction and harm to you and your family.” The bill also defines specific requirements for size and visibility for different media.
Static or electronic advertising in arenas and stadiums will be prohibited, with exceptions for companies that hold, through sponsorship, the naming rights of the competition, stadiums, squares and sports arenas or that are sponsors of participating teams.
Sponsorship of sports teams will be permitted, with the placement of brands on uniforms and equipment, but advertising on the uniforms of athletes under 18 years of age will be prohibited. Sponsorship of TV programs of a sports, journalistic or cultural nature will also be authorized.
Source: Agência Senado