In an opinion column for O Globo, Flávio Lara Resende, the president of the Brazilian Association of Radio and Television Broadcasters, assures that the members of the entity, which are part of one of the most regulated sectors in the country, strictly and ethically comply with the rules imposed by the betting legislation and self-regulation determinations. "The most recurrent complaints and reports received by Conar concern irregular advertising carried out by digital influencers," he explains.
Currently a hot topic, the fixed-quota lottery for sports and virtual online games, already adopted in several other countries, has been legalized in Brazil and has exponentially increased the number of betting platforms. With this growth, it has become necessary to increase advertising about the new business activity.
The expansion of the betting market generates a notable increase in tax collection and opportunities for new revenues. However, it also generates the urgent need to build public policies for prevention, mitigation, and awareness of the inherent risks of betting, especially with regard to public health, integrity, and protection of the vulnerable.
Attentive to the involved risks, the regulation of the topic was extensively debated by the National Congress and the Executive, through the Secretary of Prizes and Bets of the Ministry of Finance.
The regulation is very broad. It ranges from obtaining authorization to explore the commercial activity of responsible gaming to the prevention of money laundering, with consequent monitoring, supervision, and application of sanctions.
The law establishes rules and guidelines for responsible advertising in communication, advertising, and marketing actions. There is also strict control through self-regulation, carried out by the National Council of Self-Regulation in Advertising (Conar), which addresses the topic in a specific annex, in the Brazilian Code of Self-Regulation in Advertising, prepared with the participation of various actors in the advertising chain.
Although they are independent texts, there are several points of connection between them regarding the rules directed at communication actions, in order to practice "socially responsible advertising".
Some points of concern were resolved by the regulation, which prohibits encouraging the disclosure of certain gain or control of outcome and that may encourage the imprudent posture of the bettor.
True advertising, easily identified, differs from editorial content, in addition to determining the insertion of warning clauses in advertisements, thus protecting the vulnerable. It is not allowed to have images of people under 21 years old starring in the advertising piece. It is also required to provide proof that the betting operator is part of or associated with an organization monitoring integral and responsible advertising. Only operators legally authorized to explore the activity in Brazil can advertise.
It is undeniable to affirm that the involved bodies have adopted all necessary precautions around the actions of advertising, propaganda, and marketing of betting, guided by the best international practices to combat pathological gambling, with particular protection to children, adolescents, and other vulnerable individuals.
Radio and television broadcasters, which are part of one of the most regulated sectors in the country, comply with rigor and ethics with the rules imposed by legislation and self-regulation determinations. It is important to note that almost all representations to Conar are linked to betting advertising on social networks and the internet.
The most recurrent complaints and reports received by Conar concern irregular advertising carried out by digital influencers, including minors, in a free and unregulated environment and without any control.
Of all the representations opened, none received an order of prohibition or removal aimed at radio or television. This data is important to demonstrate, once again, the disregard of digital platforms regarding the responsibility in the dissemination of illegal content in the digital environment and the lack of transparency in complying with the advertising rules in force in Brazil.
The legal rules around advertising, valid for the various media and advertising formats, must be applied to all. Radio and television reinforce the commitment to ethical and socially responsible advertising, fundamental for the balance of the right to advertise, observing the necessary precautions for the mitigation of risks associated with betting.
Flávio Lara Resende
President of the Brazilian Association of Radio and Television Broadcasters
