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According to the ASA’s Code for gambling advertising, anyone who “was, or seemed to be, under 25 years of age” must not be depicted gambling or playing a significant role in advertisements.
The regulator concluded that the central figure’s youthful facial features, casual styling and excited demeanour gave the impression he was in his late teens or early twenties.
As such, the ad violated rule 16.3 of the CAP Code (Edition 12).
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Operators and companies linked to them are also prohibited from acquiring, licensing, or exploiting rights to sporting events held in the country. In the area of administrative penalties, the rapporteur’s text incorporates the new infractions into the existing sanctions system in Law 14.790 of 2023, which provides for fines of up to BRL2 billion ($392.8 million).
One of the main changes made by Vieira is the creation of the crime of promoting unauthorised betting operators. The penalty is one to five years imprisonment. This may be increased by one-sixth to two-thirds when the promotion is done by a digital influencer, athlete, or well-known person, due to their greater ability to reach the public.
The rapporteur also added a rule designed to prevent the immediate movement of professionals between companies in the sector and bodies responsible for authorising, classifying, regulating and overseeing betting. Anyone who has maintained a significant link with an operator or representative entity of the market will be barred, for 24 months, from assuming certain regulatory functions. A quarantine period of the same duration will also apply in the reverse movement, for the transition from the regulatory body to the private sector.