Brazil enacts Law 14,790 on fixed-odds betting and online games
Law 14,790 of 29 December 2023, published on 30 December, sets the legal basis for licensed fixed-odds betting, including online casino games, in Brazil.
By Oliwer Brewitz, Head of Marketing
Key changes
- Online casino games (virtual events of online games) added to fixed-odds betting
- Authorisations of up to five years with a grant fee capped at R$30 million
- Operators retain 88% of revenue after deductions; 12% goes to public purposes
- Net prizes taxed at 15%; betting banned for under-18s
- Advertising must carry warnings, target adults and avoid schools and universities
What changed
Law No. 14,790 of 29 December 2023 was published in an extra edition of the Diário Oficial da União on 30 December 2023. It amends the 2018 framework for fixed-odds betting and extends permitted bets to virtual events of online games, which may only be offered online. Authorisations may last up to five years at the Ministry of Finance's discretion, with a grant fee capped at R$30 million. Operators keep 88% of gross gaming revenue after deductions, with the remaining 12% allocated to areas such as education, public security, sport, tourism, social security and health. Net prizes are taxed at 15% under personal income tax. Betting by under-18s is prohibited, and each operator needs a Brazilian partner holding at least 20% of its capital.
What it means for advertising
Article 16 hands advertising rules to the Ministry of Finance, encourages self-regulation, requires warnings that discourage gambling and directs advertising at adults. Article 17 bans marketing in schools and universities, presenting betting as an alternative to employment or a source of income, and betting promotion aimed at minors, and requires an age-rating notice. Article 18 bars operators and their group companies from acquiring or licensing broadcast rights to sporting events held in Brazil. These provisions set the outer limits that later ordinances made more specific, so display, video and DOOH campaigns are likely to be judged against both the law and the implementing rules.
What operators should do
Operators planning to enter Brazil should map their corporate structure against the ownership rules, including the 20% Brazilian partner requirement and the restrictions on holding stakes in football companies. Marketing teams should treat the article 17 prohibitions as fixed rules for creative and media planning, and plan for age-rating notices and responsible gambling warnings on all formats. Media and sponsorship strategies that relied on owning or licensing domestic sports broadcast rights need to be reviewed.
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