On last Friday, July 10, 2026, the Federal Government published two administrative orders (portarias) supplementing and detailing the rules applicable to communication, advertising, and marketing activities in the fixed-odds betting sector (“bets”): Portaria SPA/MF No. 1,964 and Portaria Interministerial MF/SECOM/MJSP No. 73. Some of the new rules have been in force since their publication date; the mandatory warning requirements for advertising materials take effect this Friday, July 17.
1. Portaria SPA/MF No. 1,964
New Mandatory Warnings
All advertising materials produced by betting operators must include, on a mandatory basis, one of the following warning clauses regarding the risks of dependency and pathological gambling disorders, as issued by the Ministry of Finance:
- “Ministério da Fazenda adverte: Apostar pode causar dependência” [“The Ministry of Finance warns: Betting can cause dependency”];
- “Ministério da Fazenda adverte: Apostar faz você perder dinheiro” [“The Ministry of Finance warns: Betting makes you lose money”]; or
- “Ministério da Fazenda adverte: Aposta não é investimento” [“The Ministry of Finance warns: Betting is not an investment”].
In addition to the above, the mandatory age restriction warning clause remains in force, to be displayed with the “18+” symbol or the notice “prohibited for persons under 18 years of age.”
What are the mandatory visual requirements for warning clauses?
| Requirement | Parameter |
|---|---|
| Positioning | Horizontal, clear, legible, and proportionate to the rest of the communication material |
| Minimum size | At least 10% of the total length or size of the piece |
| Contrast | Clearly distinguishable against the background of the piece |
Important: When do these requirements take effect? Friday, July 17, 2026.
2. Portaria Interministerial MF/SECOM/MJSP No. 73
This joint administrative order — issued by the Ministry of Finance, the Secretariat for Social Communication, and the Ministry of Justice and Public Security — applies not only to betting operators, but also to all individuals and legal entities involved in the advertising and marketing chain of betting operators that produce, promote, sponsor, disclose, broadcast, distribute, boost, or place advertising and marketing activities related to bets. This is the key point of attention.
New prior verification requirements
If your company produces, promotes, sponsors, discloses, broadcasts, distributes, boosts, or places advertising and marketing activities related to fixed-odds lotteries, it must, on a prior basis:
- Verify whether the advertiser is an authorized operator;
- Verify whether the content to be placed promotes an operator listed on the official roster of authorized operators, when available;
- Obtain and retain, at minimum, the advertiser’s name or corporate name and Federal Taxpayer Registration number (CNPJ), as well as the authorization number granted by the Ministry of Finance or the competent authority of the relevant State or Federal District;
- Make available through its interface, in a clear and accessible manner, the advertiser’s identification and the authorization number issued by the Ministry of Finance or the competent State or Federal District authority, in connection with the relevant betting advertisement or boosted content.
Prohibited content
The Administrative Order sets out a list of advertising activities incompatible with the new regulatory framework. The following are prohibited:
- Promoting unauthorized operators, whether by name, brand, logo, hyperlink, promotional code, or any other mechanism;
- Issuing betting strategies, forecasts, or analyses capable of inducing or influencing bets on a given event or market;
- Displaying winning bets, including monetary amounts;
- Suggesting easy gains or presenting betting as a sign of personal, social, or financial success;
- Presenting betting as a source of income, a form of investment, or a solution to financial problems;
- Encouraging excessive gambling behavior or containing calls to action with a sense of urgency;
- Including false or misleading information about winning probabilities;
- Targeting, directly or indirectly, children and adolescents, including through algorithmic targeting on social media platforms.
Broadcast of events abroad
During events held outside Brazil — such as soccer matches in international stadiums — it is common for advertising boards to display brands of operators not authorized in the country. The Administrative Order clarifies that the channel or broadcaster transmitting the event is not liable for such display, provided it limits itself to broadcasting the original signal without editing, highlighting, or commercially exploiting those brands. A violation will only occur if there is active intervention — for example, zooming in on the advertising board, mentioning the brand in the commentary, or using it in the broadcaster’s own commercial activities.
App stores and social media platforms
The Administrative Order assigns specific obligations to two categories of digital players. App stores and operating systems are required to prevent accounts belonging to minors under the age of 18 from accessing betting applications. Social media platforms, in turn, are prohibited from displaying any advertising or promotional content related to betting to profiles belonging to children and adolescents.
Enforcement
The Administrative Order establishes a shared enforcement model among the SPA, SENACON, the National Secretariat for Digital Rights (Secretaria Nacional de Direitos Digitais — SNDD/MJSP), and SECOM, operating in a complementary and coordinated manner. Non-compliance may result in the suspension or cancellation of the offender’s registration in the MIDIACAD system. The advertising industry’s self-regulatory mechanisms — such as CONAR — remain applicable alongside state enforcement.
Recommendations
KLA’s Media & Entertainment team continuously monitors developments in the regulatory framework for advertising in the betting sector.
For agencies and platforms, we recommend:
- Reviewing existing contracts with betting operators in light of the new obligations;
- Establishing a prior advertiser verification workflow;
- Assessing potential liability and indemnification clauses among parties in the supply chain;
- Conducting a compliance review of advertising materials currently in production or already placed.
