CONAR update expands rules on betting advertising in Brazil
New guidelines require updates to advertising materials, a stronger focus on safeguards for minors, and specific rules for influencers
Subjects
On August 27, 2026, the Brazilian Advertising Self-Regulation Council (CONAR) updated Annex X of its advertising code, which specifically addresses advertising in the betting sector. The updates aim to make the rules applicable to this industry more restrictive by strengthening protections for minors, reinforcing influencers’ and affiliates’ responsibilities in relation to betting advertising, and establishing safeguards and practical guidelines for advertisers.
The main changes are outlined below:
- Protections for minors: Together with the update to Annex X, CONAR has also published a document titled Checklist de Proteção à Criança e ao Adolescente no Âmbito da Publicidade de Apostas (‘Checklist for Protecting Minors in the Context of Betting Advertising’), which sets out complementary safeguards to strengthen protections for children and adolescents. Note that these measures are not necessarily cumulative and should be assessed on a case-by-case basis when campaigns are being planned. The safeguards include:
- Avoiding the use of fictional characters, superheroes, characters from stories, films, TV series, cartoons, or other works aimed at or widely consumed by minors, as well as mascots, anthropomorphized animals (‘bichinhos’), and similar figures that appeal to this demographic;
- Ensuring that segmentation mechanisms are used to exclude minors in the context of data-driven targeting;
- Maintaining records of media planning decisions, including exclusion criteria, blocklists, etc.;
- Excluding non-logged-in users from campaigns;
- Prioritizing partnerships with media companies, intermediaries, and advertising technology providers that offer robust age assurance mechanisms;
- Verifying the audience data and predominant demographic profile of the followers of the selected influencer, affiliate, or content creator.
- Influencers: CONAR’s update reinforces that influencers and affiliates must take necessary steps to ensure that any relevant advertising they are involved in fully complies with the rules applicable to the sector. Advertisers must maintain records of the due diligence measures taken, and such influencers and advertisers are encouraged to take part in an accreditation program that will serve to qualify participants and raise awareness among those accredited.
- Warning clauses: The update establishes new practical guidelines for presenting warning clauses concerning the risks associated with betting advertising. CONAR Resolution No. 1/2026 sets out the specific formatting (including fonts, size, and resolution) for warning clauses, depending on the medium used for dissemination.
- Item 6.2(a) of Annex X has maintained an exemption for the inclusion of warning clauses in cases of static or dynamic advertising in stadiums and arenas, advertising on competition-related equipment, and text crawls or transitional vignettes whose brevity makes it impossible to include social responsibility statements. However, the resolution clarifies that this exemption does not apply to advertising on signs, screens, or equipment dedicated to displaying advertisements in arenas, stadiums, and gymnasiums (including those positioned around the field – even when they merely display the brand), if the time and space allocated to them are entirely dedicated to advertising.
In such cases, the total exposure time and frequency of the insertions must be taken into account to ensure that the message is adequately perceived by the public. In other words, the exemption remains applicable only to specific, short-term situations in which there is no advertising space dedicated exclusively to the advertisement.
From a practical standpoint, advertisers, agencies, media platforms, and other players in Brazil’s advertising ecosystem will need to review their betting-related materials and communication strategies to align them with the new guidelines in Annex X and mitigate the risks of complaints filed with CONAR, recommendations to modify or suspend campaigns, and potential reputational repercussions.
The update to Annex X forms part of a broader movement toward stronger regulatory oversight of Brazil’s betting sector, increasing the need for internal governance, advertising compliance controls, and prior legal reviews of marketing activities in this sector.
The provisions of the updated Annex X and CONAR Resolution No. 1/2026 will take effect on September 27, 2026.
For more information on this topic, please contact Mattos Filho’s Entertainment practice area.