ABERT Seeks Amicus Curiae Status in Brazil’s Supreme Court Case Against Betting Law

The Brazilian Association of Radio and Television Broadcasters (ABERT) has requested the Federal Supreme Court (STF) to be the amicus curiae in Direct Action of Unconstitutionality (ADI) No. 7,749, which is a lawsuit against the Betting Law in Brazil. The case was filed by the Prosecutor General and aims to set aside Law No. 14,790/2023, as well as articles of Law No. 13,756/2018 and regulations by the Secretariat of Prizes and Betting of the Ministry of Finance (SPA/MF).

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ABERT belongs to the radio and television broadcasters, representing some 2500 broadcast stations in Brazil. The association has said that the law impinges directly on the “communication, advertising and marketing activities” of betting firms, so the action is highly relevant to its members and the actions of its business.

Prosecutor General Challenges the Regulatory Framework

The Betting Law is being challenged by the Prosecutor General to the extent of virtually repealing it except for certain provisions. The filing states the current regulation regime is insufficient to safeguard the fundamental rights of consumers and the national economy due to the “predatory nature that the virtual betting market exhibits.”

The Prosecutor General has also asked for a temporary halt to the rules as a precautionary measure. However, if approved, this may reinstate the provisions of Brazil’s Criminal Misdemeanors Law, which prohibited some forms of gambling in 1941. Justice Luiz Fux was assigned the case because he already has three similar cases as rapporteur, ADIs 7,640, 7,721 and 7,723.

The Federal Senate has already responded to the action, requesting that the Court dismiss the initial filing and, on a different basis, dismiss the claims as without merit. The Senate states that Law No. 14,790/2023 and the impugned articles of Law No. 13,756/2018 are constitutional.

Why broadcasters are involved

The case has captured ABERT’s attention because it directly relates to the advertising provisions in the Betting Law, the organization says. Articles 16–18 restrict betting advertising, such as making claims that are not supported by evidence on the chances of winning, portraying betting as “socially attractive”, suggesting that gambling can replace a job or provide income, and advertising to minors.

Additionally, SPA/MF Ordinance No. 1,231/2024 sets forth responsible gambling guidelines, consumer awareness obligations and certain protections for minors and adolescents. The rules will have a direct impact on how broadcasters and other media providers can promote betting content, when combined.

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The Betting Law also bans the acquisition, licensing or funding of Brazilian sporting events by betting operators. ABERT believes this has an immediate effect on the business model of radio and television broadcasters.

The association also cites the function of advertising self-regulation. The legislation gives the National Advertising Self-Regulation Council (CONAR) the power to add more standards to Brazil’s code of advertising, such as the standards on responsible promotion of betting and protection of vulnerable groups.

ABERT seeks broader participation in proceedings

ABERT’s request is founded on section 7, paragraph 2 of law No. 9,868/1999 and Article 138 of the Civil Procedure Code. These provisions give the Court the authority to appoint amici curiae where there is important relevance to a case and where an applicant has adequate institutional representation.

The association channeled to the STF references from previous cases in which it participated and was represented, such as in ADIs 5,769 and 4,451, as well as ADPF 246, which was also mentioned by Justice Luiz Fux. ABERT has also been appointed as amicus curiae in another case, ADI 7,721, related to the ongoing constitutional controversy, and was given a public hearing by Fux in that case.

ABERT is requesting access to fully engage in proceedings under the law and procedures, including written briefs, arguments, and oral briefing, in the Court’s proceedings. Its involvement might bring the perspective of the Brazilian television and radio industry in a debate that could be crucial for the country’s regulated betting and advertising landscape.

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Source: BNL Data