The rise of online betting platforms – popularly known as “bets” – has brought with it a significant transformation in how marketing is done in this sector. With the legal and ethical restrictions applicable to traditional gambling advertising, many operators have found in digital influencers an effective way to reach audiences, especially young people.
However, this marketing strategy raises important legal questions, especially regarding the civil liability of influencers when promoting such platforms. After all, to what extent are these public figures responsible for damages that may result from inducing followers to bet on betting sites?
This article seeks to analyze the legal contours of this issue in light of the Brazilian legal system, with a special focus on the Consumer Protection Code, the Civil Code, and current case law.
Regarding the growth of betting in the Brazilian market.
While betting sites have gained more prominence in Brazil in recent years, they are an ancient business in human history. From football matches to presidential elections, betting allows its users to place bets and wager money on possible future scenarios.
It is noteworthy that even the Catholic Church was not exempt from betting, with records of predictions for the next Pope dating back to the 16th century. Even without the internet , it was possible to participate in these bets.
Betting on the outcome of papal elections was quite common and was frequently done by banking houses in Rome that employed sensali , or messengers, to run back and forth delivering betting slips. The bettors carefully examined the odds.
The rise of this market has become even more evident in the sports world. For example, the current Brazilian football championship is called "Brasileirão Betano," alluding to the betting company Betano. Furthermore, all clubs in the 2025 Brasileirão are sponsored by betting companies, with 90% of the Série A teams having a main sponsor (prominently displayed in the center of their uniforms) from sports betting companies.
Do you want to delve deeper into the subject? Participate in the Free Online Mini-Course Consumer Law and Betting: Strategic Aspects of Consumer Protection,
with Professor Ricardo Morishita and guests! Secure your spot here..
The role of influencers in the betting market.
The exponential growth of online sports betting sites, coupled with the fertile market of digital influencers in Brazil, has fueled a parallel phenomenon in the digital ecosystem: the use of digital influencers to promote these platforms.
With vast and engaged audiences, influencers have come to play a central role in the marketing strategy of betting companies, often promoting them as easy and quick ways to make a profit.
However, this type of advertising raises important legal questions: when can an influencer be held civilly liable for damages caused to their followers? To what extent is gambling advertising subject to consumer protection laws and state regulation?
To answer these questions, it is necessary to start from a fundamental premise: civil liability, in Brazilian law, arises from a voluntary, negligent or reckless action or omission that causes harm to another, as established by article 186 of the Civil Code.
When it comes to influencers, this responsibility can be both subjective and objective, depending on the relationship established with the follower and the type of advertising carried out.
In the case of betting, the risks are even more significant. Although legalized in Brazil by Law No. 13.756/2018, fixed-odds sports betting (that is, with pre-defined winnings) awaits final regulation for full operation under the state regulatory framework. Many of the platforms currently operating act under foreign licenses, which can hinder oversight and effective consumer protection.
In this scenario of regulatory fragility, the role of the influencer becomes crucial. By promoting betting companies, often without making it clear that it is paid advertising, the influencer can lead their followers to believe that it is a personal opinion, free from commercial interests.
When this occurs, not only is there a violation of objective good faith and the principle of transparency, but it may also constitute an abusive practice, under the terms of Article 37 of the Consumer Protection Code (CDC).
The Consumer Protection Code (CDC) is applicable in these cases because it recognizes the consumer's vulnerability in the face of advertising messages, especially when these are disguised as spontaneous content. Article 6, item III, of the CDC guarantees the consumer the right to clear and adequate information about the products and services offered, which includes the obligation to indicate that a given post is advertising. Failure to comply with this duty generates joint liability between the advertiser and the broadcaster, including the influencer.
While case law is still scarce on the specific topic of betting, it has taken a firm stance regarding the responsibility of influencers in other areas. The understanding of the Superior Court of Justice (STJ) is that "responsibility for the content of advertising is also attributed to those who disseminate it." In other words, whoever publishes an advertisement also becomes responsible for the expected result of what is being promoted.
The influencer's civil liability, therefore, may derive from (i) lack of transparency (undisclosed advertising); (ii) promotion of potentially harmful activity, such as gambling, without informing of the inherent risks; (iii) use of misleading or abusive language, such as promising guaranteed profit; and (iv) omission of relevant information, such as the illegality of the advertised company or the existence of complaints against it.
Another relevant point is the target audience of the advertising. For example, advertising gambling aimed at minors is expressly prohibited by Article 4, § 3 of the General Gambling Law (PL 3.626/2023, still under consideration), and by consumer protection legislation, which imposes special protection for child consumers.
Influencers with a predominantly teenage following should exercise extra caution when promoting this type of service, or risk incurring increased liability.
From a contractual standpoint, the relationship between influencers and betting sites should be formalized with contracts that include mandatory disclosure obligations, disclaimers, guidance on betting limits, and the risks involved. The absence of these elements can be interpreted as negligence, worsening the influencer's situation in any potential legal dispute.
It is important to emphasize that it is not necessary for the influencer to have caused the damage. It is sufficient to demonstrate a causal link between the advertising conduct and the harm suffered by the consumer. This means that even influencers who acted in good faith, but who promoted bets carelessly or without transparency, can be held liable.
From a regulatory standpoint, the trend is towards greater strictness. The authorization of betting in Brazil will bring clear guidelines for advertising in the sector, with the imposition of mandatory warnings, such as "play responsibly," and restrictions on broadcast times. Influencers who operate outside these rules, even after they come into effect, may be held liable for irregular advertising.
A prime example of the urgency of this debate occurred in 2023, when several influencers began promoting foreign betting platforms with promises of quick winnings and guaranteed "tips".
Many followers reported significant losses, leading Procon-SP (the São Paulo consumer protection agency) to open investigations against the influencers and platforms. Although there was no landmark court decision, the case served as a warning about the need for regulation of advertising activity in the digital environment.
An influencer is not merely a replicator of commercial messages. They are a shaper of public opinion, with the power to influence consumer decisions. This role brings with it responsibilities proportional to the reach and authority they hold over the public.
The legal nature of the consumer relationship
In order to discuss the civil liability of a digital influencer, it is necessary to first understand the legal nature of the relationship between the consumer, the betting site, and the influencer.
The Consumer Protection Code (CDC) establishes, in its article 2, that a consumer is any individual or legal entity that acquires or uses a product or service as the final recipient.
Article 3 defines a supplier as any individual or legal entity that engages in activities related to the production, assembly, creation, construction, transformation, import, export, distribution, or marketing of products or the provision of services.
Nevertheless, it is important to highlight that any liability of influencers may arise from their participation in the consumer chain. Articles 7, sole paragraph; 12, heading; and 18, §1, item II, all of the Consumer Protection Code, provide for the joint and several liability of all members of a consumer chain, who are equally responsible for the fulfillment of the contracted service.
In this scenario, both the betting company and the influencer can be classified as suppliers, since both are part of the service supply chain. The influencer who promotes online betting acts as a bridge between the betting company and the consumer audience, actively influencing decision-making.
Conclusion
It can be concluded, therefore, that influencers are liable for civil damages in betting advertising when there is a failure to provide information, misleading advertising, or omission of risks.
Brazilian law, although still under construction in this area, already offers sufficient instruments for consumer protection and holding accountable those who contribute to harmful commercial practices.
It is up to influencers, advisors, and companies to understand the limits of advertising activity, otherwise they may be held accountable not only morally, but also legally, for their actions in the digital environment.
BIBLIOGRAPHIC REFERENCES
BAUMGARTNER, Frederic J. 2003. Behind Locked Doors : A History of Papal Elections. New York: Palgrave Macmillan, 2003.
BULLARD, Melissa Meriam. Filippo Strozzi and the Medici: Favor and Finance in Sixteenth-Century Florence and Rome. CUP Archive, 1980, Cambridge Univ. Press , no. 36, 1980.
LOIS, Rodrigo. All clubs in the 2025 Brazilian Championship are sponsored by betting companies. GE. Available at: https://ge.globo.com/futebol/futebol-internacional/noticia/2025/03/11/todos-os-clubes-do-brasileirao-2025-sao-patrocinados-por-bets.ghtml. Accessed on: May 08, 2025.
