Brazil Considers Ban on Influencer Payments Tied to Gamblers' Losses
A legislative proposal in Brazil's Chamber of Deputies aims to prohibit online betting influencers and affiliates from receiving payments linked to user financial losses. This initiative, informally known as "PL Rafael," was inspired by the death of 26-year-old Rafael Borges Amaral in Uberlândia in March 2024, which was officially recorded as suicide. His mother, Vânia de Souza Borges, has been advocating for accountability from betting platforms and individuals promoting them, citing her son's struggles with online gambling addiction. The proposed bill targets the "revenue share" model, where commissions are based on the losses incurred by users attracted through specific links or codes. If passed, this bill would ban remuneration structures tied to a gambler's losses or Gross Gaming Revenue (GGR), allowing only fixed payments for advertising or content creation. Additionally, a separate proposal, PL 3.563/2026, seeks to mandate betting platforms to implement automated systems for identifying users exhibiting risky gambling behaviors. Upon detecting signs of compulsion or vulnerability, platforms would be required to notify the Secretariat of Prizes and Betting (SPA), which could then temporarily block the user's account for at least 60 days, prohibiting any promotional materials or incentives during this period. The family is pursuing administrative and political accountability, as an initial criminal investigation request was not pursued by the Civil Police in Uberlândia. Vânia de Souza Borges has gathered evidence, including audio messages and emails from her son, and has presented her case to public bodies and the Senate's CPI das Bets.
This legislative push in Brazil reflects a growing global concern over the potential harms of online gambling, particularly its intersection with influencer marketing and vulnerable populations. The proposed regulations address the incentive structures that may encourage aggressive promotion of betting platforms by linking influencer compensation directly to user losses. By seeking to decouple payment from financial outcomes, lawmakers aim to mitigate the risk of predatory marketing practices. Furthermore, the initiative to identify and flag at-risk gamblers highlights a public health dimension, suggesting a shift towards greater platform responsibility in safeguarding users. The long-term challenge will be balancing consumer protection with the regulation of a rapidly expanding digital industry, ensuring that new technologies and business models do not outpace ethical considerations and robust oversight mechanisms.
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