The Brazilian Advertising Self-Regulation Authority (CONAR) has updated Annex “X” of the Brazilian Advertising Self-Regulation Code, which establishes specific rules for betting advertising in Brazil.
The new rules were approved on August 27 and published on August 28, 2026, and will enter into force 30 days after publication.
The update aligns with recent regulations issued by the Ministry of Finance, which expanded the requirements for betting advertising in the country, particularly regarding (i) advertising conducted by third parties, including influencers and affiliates; (ii) the protection of minors; (iii) responsible gambling messages; and (iv) the identification of operators’ authorizations.
One of the main concerns addressed by the new rules is the increased responsibility placed on influencers and affiliates. The new Annex X expressly requires operators to take the necessary due diligence measures to ensure that advertising carried out by influencers, affiliates, ambassadors, partners and other third parties complies with the applicable rules. Operators must also keep records of the due diligence measures adopted, for presentation when requested.
In practice, compliance should not rely solely on contractual obligations imposed on third parties. Operators should be prepared to demonstrate that they have effective processes for the selection, guidance, approval and monitoring of these partners. Participation by influencers and affiliates in an accreditation program, if implemented, may also be considered as a due diligence factor.
Along the same lines, the new rules introduce stricter requirements for the protection of children and adolescents, an increasing concern not only in the betting sector, but across the digital environment as a whole. All betting advertisements must clearly display “18+” or an equivalent warning.
In addition, individuals appearing in advertisements while placing bets or playing a significant or prominent role must be and appear to be over 21 years old. The Annex also restricts the use of characters, language, graphic elements, animations and other resources associated with the children’s and adolescents’ universe, while requiring audience segmentation and age-gating mechanisms where applicable.
This rule deserves particular attention in campaigns involving influencers, athletes, mascots, characters and licensed intellectual property assets, since the fact that a particular asset may legally be used does not necessarily mean that its use is appropriate from an advertising compliance perspective.
The new rules also provide greater detail on how responsible gambling messages must be presented, with more prominent warnings in digital advertising and, in several formats, their direct incorporation into the advertising piece. On social media, for example, merely including the warning in the caption may be insufficient. In stories and short-form videos, the message must remain visible throughout the entire display. For banners and graphic advertisements, the warning must occupy an area equivalent to at least 10% of the total advertising space. The warning must also appear before commands such as “learn more” or equivalent prompts.
Finally, another important requirement is that advertising must identify the authorization granted to the operator, with this information also being accessible through the interfaces related to the advertisement and appearing on the operator’s homepage and official channels. The 30-day period before the new rules take effect should be used to conduct a targeted review of advertising compliance procedures, particularly affiliate and influencer agreements and programs, ongoing campaigns, social media content, age-gating mechanisms, advertising templates and authorization disclosures.
The goal is that advertising compliance is no longer limited to the content of an advertisement, but also encompasses how advertising is created, distributed and monitored throughout the entire advertising chain.
