Brazil warns Apple over gambling apps (Apfelpatient)

The Brazilian Ministry of Justice has officially warned Apple and Google: According to the authority, both app stores continue to allow minors access to gambling apps, which violates the new youth protection law ECA Digital.

The list of regulatory problems for Apple's App Store continues. Following the $38 billion antitrust case in India and the recent negative headlines about nudifying apps and a fraudulent crypto wallet that reportedly stole over $10 million, Brazil has now been added to the list. There, the National Secretariat for Digital Rights (Sedigi) and the National Consumer Secretariat (Senacon) have sent official letters to Apple and Google regarding the lack of age verification for gambling apps.

According to a report in the Brazilian newspaper Folha de S.Paulo, the complaints concern "numerous apps" that either directly offer gambling to minors or facilitate access to it. Many of these apps also lack official approval from Brazilian authorities – placing them outside the scope of the new ECA Digital youth protection law.

What ECA Digital prescribes

ECA Digital is a Brazilian law that establishes rules for the protection of minors in digital environments. Particularly relevant in the current case: The associated decree obliges app stores and operating systems to prevent the availability of products or services that offer or facilitate lotteries, betting, or other gambling without official authorization.

In other words, Apple and Google are legally obligated to remove such apps from their app stores. The fact that numerous such apps still exist has now prompted the authorities to officially intervene.

The "Jogo do Tigrinho" phenomenon

According to Folha, among the apps listed in the official letters are several alternatives to the popular gambling game "Fortune Tiger"—a slot machine game known in Brazil as "Jogo do Tigrinho" (Little Tiger Game). The game has experienced a massive surge in popularity in recent months and is particularly popular with young users.

The fact that numerous copycat apps are available in the App Store without an official gambling license exacerbates the problem. Brazilians have documented increasing problems with gambling addiction in recent years, especially among young people – which is increasing the pressure on the app stores.

Apple's age verification tools – but still not enough?

Interestingly, Apple announced back in February that it would be expanding its App Store age verification tools to several regions, including Brazil. Since then, developers have been able to query a user's age via the Declared Age Range API, provided the user or a parent/guardian consents to the disclosure. Apps containing loot boxes are automatically rated "18+" in Brazil.

Apparently, these measures are not enough for the Brazilian authorities. Voluntary age verification and the automatic upgrade of loot box apps do not seem to adequately solve the core problem – the availability of unlicensed gambling apps.

Apple's silence, Google's reaction

Apple declined to comment to Folha de S.Paulo. Google, however, stated that it had recently reminded developers of their responsibility to comply with ECA Digital requirements. Google also referred to the IARC age rating system, which it said reflects the criteria of the Brazilian Ministry of Justice.

The broader context

This incident is part of a growing series of regulatory problems facing Apple's App Store worldwide. Besides Brazil and India, Germany and the EU also regularly pose challenges due to the Digital Markets Act. Furthermore, there is increasing criticism of the quality of App Store content – just a few days ago, an analysis showed that current app reviews are significantly worse than the overall ratings of the apps.

Brazil is an important growth market for Apple. The company is therefore likely to take the official letter seriously and promptly remove the offending apps or review their age ratings. However, the fundamental challenge remains: How can unlicensed gambling apps be reliably identified worldwide – especially when they disguise themselves as harmless games? (Image: Shutterstock / New Africa)