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Brazil: Abert reaffirms stance against a ban on betting

Brazil’s broadcasters’ association has challenged the Government's betting ban, arguing that the measure creates legal uncertainty.

1 min read
abert
Key Points
Abert filed two ADIs asking the STF to suspend the provisional measure until Congress considers it or the court rules on its merits
The association says broadcasters are directly affected because the MP prohibits betting advertising, marketing and sponsorship across all media
Abert argues the Government previously planned for the regulated market to continue until at least 2030

The Brazilian Association of Radio and Television Broadcasters (Abert) has asked the Supreme Federal Court (STF) to suspend the provisional measure banning fixed-odds betting until Congress deliberates on it or the court reaches a decision on its merits. 

The requests were filed through two Direct Actions of Unconstitutionality (ADIs). Abert also asked to participate as amicus curiae in the case being heard by Justice Luiz Fux, who is the rapporteur of the action challenging the MP. 

Abert argues that the measure directly affects broadcasters because it prohibits communication, advertising, marketing and sponsorship related to fixed-odds betting across all media. The association says the consequences go beyond betting operators, making broadcasters direct recipients of the MP's obligations and sanctions and has already warned its members against continuing to run betting advertisements. 

The association also points to uncertainty surrounding existing advertising and sponsorship contracts. According to Abert, broadcasters are now unable to run new betting advertisements, enter into or renew contracts with betting advertisers or continue executing existing agreements. 

The MP gives companies 10 days to remove advertising materials already in circulation, with the deadline falling on October 5. Abert argues that this period does not delay the ban itself but only provides time to remove existing material. 

The association further argues that the MP could encourage bettors to migrate to clandestine platforms. Abert also questions the timing and legal basis of the measure, arguing that it was issued during the electoral campaign and will affect the period between the first and second rounds. 

Good to know

According to Abert, the Federal Government submitted fiscal planning to Congress projecting the regulated operation of fixed-odds betting through at least 2030

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