AGU is requesting information on measures taken to manage gambling and betting ads directed at minors
10/09/2024
Brazil’s Attorney General’s Office (AGU) has issued an extrajudicial notice to YouTube, TikTok, Kwai, and Meta (including Instagram and Facebook). The notice seeks information on the steps being taken to manage advertising related to gambling or betting that might be directed “by and for” minors.
The notice also inquires whether the platforms’ “terms of use” include specific rules for protecting minors and if there are designated channels for reporting inappropriate advertising on this issue. The AGU recalled that both the operation and advertising of these activities to individuals under 18 are prohibited by law.
“Considering specifically the advertising of games disseminated through digital platforms, there’s no doubt that those directed by and for minors are unequivocally abusive/illegal. This holds true whether the advertising comes from regulated companies or those in the process of regulation (fixed-odds betting firms) or from gambling (a criminal offense), as both the operation of these activities and their advertising are prohibited for children and adolescents, as evidenced by the following provisions of sports betting legislation, in addition to the entire protective legal framework for children and adolescents,” states the notification.
The notification further emphasizes the need to differentiate between fixed-odds betting firms, which are in the process of regulation in Brazil, and gambling, which is illegal and classified as a criminal offense.
According to the AGU, these notifications are part of an ongoing administrative process within the office, initiated following a request from the Ministry of Health regarding the topic of betting games and their impact on federal public policies, particularly those related to the mental health of the population.
The document notes that, according to the Department of Mental Health, Alcohol, and Other Drugs of the Ministry of Health, “Gambling Disorder” has been included in the International Classification of Diseases (ICD-11), showing similarities with disorders related to substance use.
When reached by Valor, YouTube , TikTok, Kwai, and Meta declined to comment.
According to a study by consultancy firm Kantar Ibope Media, online sports betting companies invested a total of R$2.3 billion in internet and TV advertising from January to August this year. Of this amount, R$960.3 million was spent on digital media advertising.
*By Mariana Assis — Brasília
Source: Valor International