Brazil’s Attorney General Targets Illegal Gambling Ads on Meta Platforms
The scrutiny surrounding licensed advertising in Brazil is intensifying as the Attorney General’s Office (AGU) shifts its attention toward illegal gambling operators. Recently, AGU has taken a significant step by asking Meta to remove unlawful gambling advertisements from its social media platforms.
On Wednesday, the AGU issued an extrajudicial notice to Meta, the parent company of Facebook and Instagram. This notice demanded the removal of gambling ads that are operating without the necessary authorization from Brazil’s regulatory body, the Ministry of Finance’s Secretariat of Prizes and Bets.
The impetus for this action came from a review of Meta’s ad library, which uncovered “hundreds” of unauthorized gambling ads. The AGU has given Meta a 48-hour timeframe to eliminate these ads and has instructed the company to prevent further promotion of unlicensed gambling sites.
The notification underscores the seriousness of the situation, stating, “These activities are clearly illegal since the profiles lack approval from the Ministry of Finance, which might also relate to tax evasion, money laundering, consumer fraud, and other criminal practices. Consequently, the advertising of such entities is itself illegal.”
Responsibility of Digital Platforms for Illegal Advertisements
The AGU’s communication references a recent ruling by Brazil’s Supreme Federal Court (STF) regarding Article 19 of the Brazilian Civil Rights Framework for the Internet. This ruling, issued on June 26, found that Article 19 is partially unconstitutional, leading to a presumption that digital platforms are liable for illegal advertisements unless they can prove they acted diligently and swiftly to address the content.
In its notice, the AGU pointed out that even Meta’s revised advertising policies—which require permission to promote online gambling—still contain flaws that necessitate correction.
Impact on Licensed Operators
While this crackdown may be viewed as a positive development for licensed operators facing their own advertising challenges, it comes amid a wave of proposed ad restrictions approved by the Brazilian Senate. These regulations are particularly restrictive, banning betting advertisements during live sporting events and implementing a blanket ban on print ads.
Moreover, the use of celebrities for promotions will be prohibited, and advertising on various platforms will be tightly regulated, with slots only available during specific hours. Radio advertisements will similarly face constraints, limited to designated morning and late afternoon windows.
The forthcoming vote in the Chamber of Deputies on these regulatory measures will be critical. Many licensed operators have expressed strong concerns, arguing that such regulations could create confusion among bettors regarding which sites are legitimate. This potentially opens the door for black market operators to thrive.
As Brazil navigates the complexities of gambling regulation and advertising, the AGU’s focus on illegal operators represents a pivotal step toward enforcing compliance and protecting consumers.