Source: BNLData
In a significant move to protect athletes’ image rights, Brazilian football players have taken legal action to prevent betting companies from using their images and names in individualized sports betting markets. The news, reported by BNLData , highlights that preliminary injunctions have already been obtained by four athletes, setting an important precedent for the sector.
Players Ricardo Bueno (Pouso Alegre, formerly Palmeiras), Guilherme Marques (Atlético-GO), Gabriel Barros (América-MG), and Gustavo Vilar (Botafogo-SP) are represented by lawyer Marcelo Robalinho, partner at the RA Law firm. The lawsuits were directed at major platforms such as Betano, Bet365, Verabet, and Cassino.bet. The central point of the legal argument, according to Robalinho, is not the existence of sports betting itself, but the transformation of the athlete’s individual identity into a commercial product marketed by the platforms .
“There are various types of bets offered by these sites. Our action focuses on the issue of when you individualize the athlete, because then the person is no longer betting on the result, victory or draw. They are betting that a certain athlete will receive a yellow card, or will score a goal, or will commit more than five fouls. This personalizes the product, which is the bet, by using the player’s name and the entire career he has built,” explained Robalinho .
Beyond the discussion about personality rights, the lawsuits also highlight the athletes’ exposure to harassment, demands, and threats from bettors who suffer financial losses. Robalinho describes cases where players were threatened through social media messages, placing them in a precarious, risky situation for which they did not consent. One of the preliminary injunctions granted by the Minas Gerais Court reinforces this concern, stating that linking the athlete’s image to the sports betting market could have negative repercussions on their professional reputation, especially given the growing number of investigations involving match-fixing .
Despite the court orders, the notified betting companies have not yet removed the names and personal attributes of the athletes from their websites. Faced with this resistance, the legal professionals involved are considering requesting the application of daily fines and, if non-compliance continues, blocking access to the platforms in Brazil. Robalinho expresses surprise at the companies’ stance, comparing it to the conduct observed in litigation against social media companies, suggesting it may be a directive from their international parent companies .