Online sports betting is, in Portugal, a lawful activity when provided by duly licensed operators. As a general rule, its lawfulness depends essentially on the platform used, and not on the identity of the bettor.
However, this framework changes substantially when the bettor has a direct or indirect connection to the competition, whether direct or indirect, to the competition in question.
In such cases, the legal analysis must be guided by the principles of sporting integrity, the prevention of conflicts of interest and the safeguarding of fair competition.
Certain individuals involved in sporting activities – such as athletes, coaches, referees, officials, sports agents and representatives of organising bodies – are prohibited from participating in online gambling and betting, either directly or through an intermediary, when they have, or may have, any direct or indirect influence on the outcome of events.
The rationale behind this restriction is clear: to protect the integrity of competitions and prevent functional proximity to the sporting event from undermining public confidence in its fairness.
Although the legal framework for online gambling focuses its regulatory provisions on the operator, it also establishes the administrative offence liability of sports agents themselves when they breach the prohibition on gambling set out in that legislation. In such cases, the sports agent commits a serious administrative offence, punishable by a fine of €2,500.00 to €25,000.00 and a possible additional penalty.
There may also be consequences for the sports agent from a sporting integrity, criminal and disciplinary perspective.
Indeed, when a sports agent places a bet – or instructs someone to place a bet, for their own benefit – on the outcome or results of any sporting events, matches or competitions in which they participate or are involved, such conduct may give rise to criminal liability – even if there is no attempt to influence the result. The conduct is punishable by imprisonment for up to 3 years or a fine of up to 360 days.
Where there is evidence of intervention intended to influence the result or relevant aspects of a match, event or sporting competition, with the aim of gaining an advantage in sports betting, such conduct may constitute the offence of fraudulent sports betting, punishable by imprisonment for up to 5 years or a fine of up to 600 days, without prejudice to any aggravating circumstances.
Alongside the criminal aspect, there is a separate disciplinary dimension. Federation regulations classify such behaviour as disciplinary offences, subject to significant suspensions, and disciplinary and criminal liability may coexist and produce cumulative effects.
In practice, an apparently isolated bet can trigger legal, disciplinary and reputational consequences with a real impact on the exercise of one’s professional activity.
The main conclusion is simple: the legal assessment of betting in a sporting context is not limited to the legality of the platform. The decisive factor lies in the relationship between the bettor and the competition on which the bet is placed.
For the general public, betting is a legitimate form of entertainment. For those within the sporting structure, it can constitute a serious legal risk, with an impact on the perception of the integrity of the competitive system.
In a sector based on trust and the authenticity of results, the margin for tolerance is narrow. The boundary between permissible behaviour and behaviour that is legally reprehensible is drawn with particular rigour in the regulations.
By Ricardo Cardoso and Simão Sobreiros Henriques, Practice Area – Sports, Fashion and Entertainment
