The process of regulating the sports betting market, known as “bets”, is in full swing in Brazil. Recently, the Ministry of Finance’s general betting coordination reported advertisements from the company Mrjack.Bet to Conar (National Advertising Self-Regulation Council).
According to Globo, the allegation is that the ads contained promises of certain winnings, which could contravene the rules for betting advertising.
Conar’s action is against the site’s promotional slogan
The advertisements, published via SMS and website, were highlighted by the complaint as not containing two mandatory phrases: the warning clause about the impact of the activity and the age restriction warning.
Mrjack.Bet, in its defense, argued that, as it is headquartered abroad, it does not consider itself subject to Brazilian rules. However, she considered that, if national legislation was subject to it, the company should be given a deadline to adapt to the new rules.
In any case, the company denied that there is a promise of certain earnings in the “Play and Win” statement, which would only be an incentive to the consumer. Furthermore, it stated that it has an internal advertising policy manual, which includes a warning clause and age restriction notices.
The rapporteur of the case, in her vote, stated that it is indisputable that Mrjack.Bet is subject to the regulations in force in the country, as it operates the activity locally.
Thus, the company’s conduct was also punctuated, disciplined by provisions even before the approval of Annex X of the Brazilian Advertising Self-Regulation Code.
This document, which establishes rules for advertisers in the betting market in Brazil, had been discussed since last August.
Therefore, the rapporteur pointed out that the phrases are quite emphatic and suggest certainty of gain, without any mention of the risk or luck factor. She recommended changing the ads to include mandatory warnings and calls.
But Mrjack.Bet can appeal.
