Two Brazilian instruments now govern betting advertising: SPA/MF Ordinance No. 1.964/2026, in force from 17 July 2026, and Interministerial Decree No. 73/2026, from 10 July. The second is the one to read twice, because it puts duties on people who are not the operator.
What the ordinance requires
Ordinance 1.964/2026 sets the format of risk warnings. Every betting advertisement must carry a standardised warning, displayed horizontally, clearly and legibly, occupying at least 10% of the advertisement.
A fixed proportion rather than a fixed size is the significant choice. It scales: a billboard and a mobile banner both give over a tenth of their area, which removes the usual argument about whether a warning was legible.
Who the decree reaches
Interministerial Decree 73/2026 covers betting advertising across all media, formats and channels, and it names who is bound: advertising agencies, production companies, digital platforms, influencers, affiliates, and anyone else involved in creating or distributing a betting campaign.
That is a wider net than most advertising regimes cast. The practical duty it creates is a verification one: before running a campaign, these parties must check that the advertiser is an authorised operator on the SPA's official list, retain the operator's corporate name, CNPJ and authorisation number, and display that information on the advertisement interface.
In other words an affiliate can no longer take the operator's word for it. Checking the register becomes a condition of publishing.
What may not be said
- Showing winning bets or the amounts won.
- Portraying betting as a sign of personal, social or financial success, including through celebrities.
- Urgency devices — countdown timers, limited-time offers.
- Presenting betting as a source of income, an investment, an alternative to employment or a solution to financial difficulty.
- Advertising on platforms predominantly used by minors.
- Links or codes pointing to unauthorised operators.
What it costs to get wrong
Under Law No. 14.790/2023 the sanctions run to fines of up to 20% of billing, suspension of authorisation for up to 180 days, and definitive revocation for serious repeat breaches. A percentage-of-billing fine is not a cost of doing business at that scale.
What to do about it
If you run affiliate or influencer marketing into Brazil, the verification duty is now yours as well as the operator's. Build the SPA list check into the campaign approval step and keep the record — the corporate name, the CNPJ and the authorisation number — because the decree expects you to hold it.
- TozziniFreire
