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SPA/MF standardizes responsible gaming warnings in betting advertising

Betting ad on a phone screen with a Ministry of Finance warning band at the bottom, illustrating the new responsible gaming rule

Fixed odds betting advertising in Brazil now carries standardized warning lines. SPA/MF Ordinance No. 1,964 of July 3, 2026, issued by the Secretariat of Prizes and Betting of the Ministry of Finance, known as SPA/MF, the federal agency that regulates the sector, amended SPA/MF Ordinance No. 1,231 of July 31, 2024, the rule that sets responsible gaming and marketing guidelines and governs the rights and duties of bettors and operators. The new warnings have been effective since July 17, 2026.

What changed: from open wording to fixed lines

Operators used to have room to draft their own alert about the risks of dependency and gambling disorder. That wording is now defined by the Ministry of Finance itself. Every advertising, publicity and marketing action must display one of these warnings, in Portuguese:

  • Ministerio da Fazenda adverte: Apostar pode causar dependencia, meaning the Ministry of Finance warns that betting can cause addiction.
  • Ministerio da Fazenda adverte: Apostar faz voce perder dinheiro, meaning the Ministry of Finance warns that betting makes you lose money.
  • Ministerio da Fazenda adverte: Aposta nao e investimento, meaning the Ministry of Finance warns that betting is not an investment.

The warning must be displayed horizontally, clearly and legibly, and take up at least 10% of the ad. This is not a discreet footer: it is reserved space inside the creative.

The ordinance did not come alone

A few days later, Interministerial Ordinance MF/SECOM/MJSP No. 73 of July 10, 2026 addressed consumer protection in the advertising, communication, marketing and offering of fixed odds betting, and set out cooperation procedures between the Ministry of Finance and the consumer protection and digital rights authorities. The package widened the duties of the entire distribution chain: whoever runs the ad must first verify that the advertised operator is licensed, and misleading content, expert endorsement of specific bets and any marketing aimed at minors are prohibited. According to the Ministry of Finance, 85 companies were licensed to operate in the regulated market when the new rules were announced.

On August 27, 2026, CONAR, the private advertising self regulation body, approved an update to Annex X of its code, adding criteria for displaying those same warnings clearly and prominently. Regulator and self regulation now point in the same direction.

What this means in practice

In the reading of Oliveira & Jacobovitz, standardization moved the risk from content to form, and that changes how campaigns are approved inside the company.

  • The creative is now built around the warning. Reserving 10% of the piece in short formats such as stories, programmatic banners and in game insertions is not a last minute art adjustment. It is a briefing parameter, or the piece gets remade.
  • Compliance became measurable by third parties. With fixed wording and a defined percentage, anyone, including a competitor or a consumer protection authority, can prove a breach from a single screenshot. The cost of getting it wrong is now visible.
  • Liability spreads along the chain. Agencies, media outlets, platforms, affiliates and influencers each have their own duty of prior verification. Contracts signed before July 2026 most likely lack advertising compliance clauses, audit rights and immediate takedown obligations, and need to be revisited.
  • Keeping evidence is part of the routine. We recommend keeping a record of published pieces, with date, channel and proof of the warning applied. That archive is what supports a defense in an administrative sanction proceeding.

For operators, agencies and affiliates, this is the moment to audit what is on air and adjust the contracts along the chain. Each case requires individual analysis, and this text does not replace specific legal advice.

Frequently asked questions

Which warnings are mandatory in betting advertising in Brazil?

Three standardized lines, all opening with the Ministry of Finance warning formula and stating that betting can cause addiction, that betting makes you lose money, or that betting is not an investment. They were set by SPA/MF Ordinance No. 1,964 of July 3, 2026.

Since when are the new warnings required?

Since July 17, 2026, the effective date set for the changes made by SPA/MF Ordinance No. 1,964/2026. Campaigns published from that date must follow the new standard.

What is the minimum size of the warning in an ad?

The warning must take up at least 10% of the ad and be displayed horizontally, clearly and legibly. The percentage refers to reserved area inside the creative, not a discreet footer.

Can I write my own warning wording?

No. The ordinance replaced open ended formulas with standardized lines defined by the Ministry of Finance, and the operator must pick one of the three allowed options.

Which rule did SPA/MF Ordinance No. 1,964/2026 amend?

SPA/MF Ordinance No. 1,231 of July 31, 2024, which sets rules and guidelines for responsible gaming and for communication and marketing actions and governs the rights and duties of bettors and operators.

What is SPA/MF?

It is the Secretariat of Prizes and Betting of the Ministry of Finance, the federal agency responsible for regulating, licensing and supervising fixed odds betting in Brazil. It issues the sector's ordinances and conducts administrative sanction proceedings.

What does Interministerial Ordinance No. 73/2026 require from agencies, media outlets and influencers?

It addressed consumer protection in betting advertising and offering and widened the duties of the whole distribution chain, including prior verification that the advertised operator is licensed. It also bans misleading content, expert endorsement of specific bets and marketing aimed at minors.

Can someone advertising an unlicensed operator be held liable?

Yes. Prior verification of the operator's regularity became a duty of whoever runs the ad, and cooperation between the Ministry of Finance and consumer protection authorities was formalized to reach the agents in the distribution chain.

How do I know whether an operator is licensed?

The list of licensed companies is published and updated by the Secretariat of Prizes and Betting on the Ministry of Finance portal. According to the ministry, 85 companies were licensed to operate when the new advertising rules were announced.

Did CONAR rules change as well?

Yes. On August 27, 2026, CONAR approved an update to Annex X of the Brazilian Advertising Self Regulation Code, adding criteria for displaying those warnings clearly and prominently and restricting participation in ads to people over 21.

What should an operator review in its campaigns now?

It should audit every piece on air to check the exact wording, horizontal orientation, legibility and the 10% minimum, including material distributed by affiliates and influencers. Older contracts without advertising compliance clauses also need updating.

Where can I find the official text of the ordinance?

On the fixed odds betting legislation page of the Secretariat of Prizes and Betting, on the Ministry of Finance portal, which lists SPA/MF Ordinance No. 1,964 of July 3, 2026 and the other rules of the sector.

By Gabriel Oliveira · OAB/PE 30.970Oliveira & Jacobovitz Advogados

A partner at Oliveira & Jacobovitz Advogados, he works in civil, corporate, administrative, regulatory and employment law. He has expertise in iGaming and sports betting, a market whose Brazilian regulation he has followed since it took shape.

Avenida República do Líbano, 251, Torre C, Salas 2911 e 2912, Pina, Recife/PE

Is your betting operation compliant in Brazil?

Talk to our iGaming team to review the licensing, advertising and contracts behind your platform.

Sources

  1. Ministry of Finance expands betting advertising requirements, Ministry of Finance (in Portuguese)
  2. Fixed odds betting legislation, Secretariat of Prizes and Betting, Ministry of Finance (in Portuguese)
  3. SPA/MF Ordinance No. 1,964/2026 and the warning line in betting ads, Baptista Luz Advogados (in Portuguese)
  4. Annex X update widens restrictions on betting advertising, CONAR (in Portuguese)

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