The National Advertising Self-Regulation Council (Conar) requested, last Friday (26), the interruption of three advertisements from sports betting companies that were aired in a merchandising format by CazéTV, during coverage of the World Cup.
This guidance covers three specific advertising materials, already broadcast, associated with the KTO, Betnacional and Bet365 platforms. According to Conar, the pieces showed betting proposals in specific formats, with the participation of narrators, presenters and commentators during the matches.
The procedures were initiated on Thursday (25), following a complaint made by a consumer. The regulatory entity clarified that it will check whether the content could mislead the public regarding crucial data about the proposals, such as the true probability of success in betting.
The CazéTV team was contacted to comment on the matter, however, they did not comment at the time of publishing this report. The broadcaster still has space available to respond.
In an official statement, Conar highlighted that “The representations mainly question whether the content of the advertisements would lead to errors regarding the essential information of the offer, the possibility and probability of winning, and could violate the Brazilian Advertising Self-Regulation Code (CBAP) and current legislation”.
In reality, the precautionary measure issued by Conar operates as a preventive action: the three betting advertising materials, which have already aired on CazéTV, need to be removed until the full analysis of the case is completed. After the companies’ defense, the Ethics Council will examine the existence of an infraction and may range from archiving the procedures to requesting adjustments or indicating the definitive removal of the advertisements, serving as an important precedent for future campaigns, even if the specific offers have already expired.
The council also highlighted that, even though the advertisement proposals under scrutiny have already expired, as they relate to events in live broadcasts, the suggestion points to a connection that may be irregular, configuring a significant criterion for assessing the merit of the issue.
Since December 2023, the Brazilian Advertising Self-Regulation Code has incorporated special guidelines for betting advertisements, as emphasized by the body. These determinations stipulate that the dissemination of the segment must be transparent regarding its commercial nature, cannot mislead the consumer about the chances of winning, must curb pressure to bet and must protect sensitive audiences, particularly minors.
Next steps in Conar’s process against betting advertising
The companies mentioned will receive a period of five working days to submit their respective defenses. After this period, the processes will be examined by Conar’s own Ethics Council.
The Ethics Council is made up of approximately 200 members. Each process is first evaluated by a rapporteur and then submitted to a panel of advisors for consideration. The final deliberation is joint in nature and requires the approval of at least 12 members.
During the analysis, the council has the prerogative to archive the process, suggest changes to the advertising, request deletions in certain parts or recommend the total removal of the material. An advertiser warning may also apply. The parties involved have the right to appeal in two instances, however, Conar’s suggestions must be responded to as quickly as possible.
According to the entity’s internal protocols, resolution in the first instance generally takes place within approximately 40 days from the opening of the process, although the rapporteur does not have a specific period to present the opinion.
Understand the role and functioning of Conar in the advertising scenario
Conar is a private institution dedicated to self-regulation of the advertising sector. This organization has no government ties and is not authorized to impose fines, but it examines complaints about campaigns and may suggest modifications, interruption or removal of advertisements that are classified as irregular.
Its composition includes representatives from different segments of the advertising market, including advertisers, agencies and communication media, as well as spokespeople for consumers themselves.
Conar’s deliberations, although they do not have the status of law, often generate a considerable and practical impact on the marketing environment.