News December 2024
Attorney General calls to strike down laws Legislation
Te Attorney General of the Republic, Paulo Gonet, has requested that the Brazilian Supreme Court (STF) declare unconstitutional the laws and decrees that allow online gambling and sports betting sites, to operate in the country. In the Direct Action of Unconstitutionality
(ADI) filed with the Supreme Court, Gonet argues that two laws authorising the operation of these betting sites do not meet the “minimum requirements for preserving the goods and values of the Federal Constitution.” He also seeks the declaration of
unconstitutionality for a set of decrees issued by the Ministry of Finance aimed at regulating gambling websites. Gonet contends that the legislation is insufficient to protect consumers’
UK implements statutory levy Legislation
Te British government has taken its first steps towards strengthening gambling harm legislation, confirming plans to implement a statutory levy on gambling profits and online slot stake limits to help tackle the issue of gambling addiction. Whilst welcoming the move, some members of
the gambling sector though have criticised the tone of the announcement suggesting the Government is at risk of losing perspective of the facts surrounding problem gambling and the voluntary levies paid so far. Gambling Minister Baroness Twycross has outlined how a levy on gambling operators will be designed and implemented as the government moves forward
Betting ads for minors suspended Legislation
In a preliminary ruling, Minister Luiz Fux of Brazil’s Supreme Federal Court (STF) anticipates the validity of regulations that prohibit advertising betting to children, which were set to take effect in January 2025. Minister Luiz Fux ordered a nationwide suspension of any online fixed-odds betting advertising directed at children and adolescents. He also decided that measures should be taken to restrict the use of resources from assistance programmes for online gambling.
fundamental rights. Te Attorney General asserts that betting,
due to its “high addictive potential,” cannot be regulated by the Legislature without simultaneously imposing sufficient standards to inhibit problems related to the activity, particularly those that may affect vulnerable groups. A Direct Action for the Declaration of
Unconstitutionality (Ação Direta de Inconstitucionalidade, or ADI) is a legal procedure used primarily in Brazil to challenge the constitutionality of laws or normative acts.
Brazil senate inquiry issues summons Legislation
In a recent meeting, the CPI (Parliamentary Inquiry Commission) on Betting approved 169 requests for testimonies and information, including the summons of entrepreneur Fernando Oliveira Lima, whose company, One Internet Group (OIG), was identified as a key promoter of the Tiger game to the Brazilian public. Senator Soraya Tronicke, the committee’s rapporteur, identified the company as primarily responsible for promoting the game to the Brazilian public. However, the company claims to operate in the realm of social media advertising.
tackle gambling harm. Under the current voluntary system not all gambling companies contribute equally, with some operators paying as little as £1 a year towards research, prevention and treatment. Te new statutory levy will ensure all operators contribute a fair share. Te Gambling Minister has also confirmed that
on its manifesto commitment to reduce gambling harm.
Te landmark levy will be charged to all
licensed operators and will guarantee increased, ringfenced and consistent funding to prevent and
Minister Luiz Fux’s decision was made in Direct
Actions of Unconstitutionality (ADI) 7721 and 7723, proposed respectively by the National Confederation of Commerce of Goods, Services, and Tourism (CNC) and the Solidariedade party. Te preliminary ruling (provisional and urgent)
requires the federal government to immediately implement the oversight and control measures targeting children and adolescents, as stipulated in Ordinance 1.231/2024 of the Ministry of Finance, which regulates the Betting Law (Law 14.790/2023). Te ruling also mandates that the Ministry of
the government will introduce stake limits for online slots, a higher-risk gambling product associated with large losses, long sessions, and binge play. Stake limits will be set at £5 per spin for adults aged 25 and over and £2 per spin for 18-24 year olds. Evidence from the Office for Health Improvement and Disparities and the Gambling Survey for Great Britain shows young adults can be particularly vulnerable to gambling related harm.
Finance, which is responsible for regulation and control in this matter, implement immediate measures to prevent the use of resources from social and assistance programs, such as Bolsa Família and the Continuous Cash Benefit, in online betting. Tis decision was subject to review by the plenary session of the STF, which unanimously supported Fux’s ruling. Te minister emphasised the evidence
presented regarding the harmful effects of gambling advertising on the mental health of young people and on family budgets, discussed during the public hearing held in November.
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