The Attorney General’s Office (AGU) in Brazil is asking Meta to remove illegal gambling ads from its social media sites.
The AGU announced on Wednesday that it had sent an extrajudicial notice to Meta, the parent company of Facebook and Instagram.
The notice called for Meta to remove ads for gambling sites lacking the required authorisation from the Brazil regulator, the Ministry of Finance’s Secretariat of Prizes and Bets, to operate in the federal online market.
The notice was sent after a search of Meta’s ad library that identified “hundreds” of results for active ads from profiles without authorisation to advertise gambling.
The AGU seeks removal of the illegal gambling ads within 48 hours of the notice being issued, while also instructing Meta to refrain from promoting unlicensed gambling sites in the future.
The notification to Meta reads:
“This is, therefore, a clearly illegal activity (given that these profiles are not authorised by the Ministry of Finance), which may also be linked to tax evasion, money laundering, crimes against consumer relations, fraud and other illegal practices, constituting their advertising as an equally illegal activity.”
Digital platforms liable for illegal gambling ads
In the document, the AGU notes the recent Supreme Federal Court (STF) ruling on Article 19 of the Brazilian Civil Rights Framework for the Internet.
The STF ruling on 26 June found Article 19 to be partially unconstitutional, meaning digital platforms are now presumed to be liable for illegal ads, unless they can prove they acted diligently and within a reasonable time to make the content unavailable.
In the AGU’s notice to Meta, it stated the company’s recent updates to its ad policies that made it mandatory to apply for permission to promote online gambling on its sites still include flaws that must be corrected.
Some ad relief for licensed operators?
This move from the AGU will likely be welcomed by licensed operators in Brazil, who are under fire themselves for their advertising.
In May, the regulated sector was stunned when the Brazil Senate approved a raft of proposed ad restrictions, including a ban on betting ads during live broadcasts of sporting events, as well as a blanket ban on print advertising.
The use of celebrities, such as athletes, artists and influencers, would be prohibited, while advertising on TV, streaming and social media sites and the internet would only be allowed between the hours of 7.30pm and midnight.
Radio ads, meanwhile, would only be permitted between 9am and 11am, and between 5pm and 7.30pm.
It will now fall upon the Chamber of Deputies to vote on whether to implement the measures.
Many in the licensed sector reacted furiously to the proposals, warning they risked further confusing bettors over which sites are legal and illegal, with black market operators set to profit.
With licensed advertising already under the microscope in Brazil, the Attorney General’s Office is now focusing on illegal operators.