Brazil’s Supreme Court Pauses Betting Cases and CFTC Focuses on Geoblocks

This overview summarizes international gambling regulation news from 6 to 10 November 2026. Key developments include Brazil’s Supreme Court halting lower-court litigation concerning the betting ban, the US Commodity Futures Trading Commission (CFTC) releasing guidance on geographic access rules, a South African court annulling the National Lottery licence selection, and the launch of a UK Gambling Act evaluation commission. Additional updates are pending in Ireland, Lithuania, and Argentina.

Brazil

Judge Johonsom Di Salvo, President of the Federal Regional Court of the 3rd Region (TRF-3), revoked the interim relief previously granted to CDA Gaming earlier that week on 6 November 2026. Following a request from the Attorney General’s Office (AGU), Agência Gov noted that Di Salvo broadened the scope of his 10 October ruling that had previously halted Stake Brasil’s operations. The initial relief was outlined in CND’s 7 November update. This authorization remains suspended until a definitive judgment is reached in the primary case or TRF-3 issues another ruling.

On 8 November, Justice Luiz Fux of the Supreme Federal Court (STF) took further action. Responding to a petition from Prosecutor-General Paulo Gonet in ADI 8,027, Fux ordered a halt to all first- and second-instance legal proceedings examining the constitutionality of Provisional Measure 1,394/2026. This freeze will remain in effect until the STF concludes its review of ADIs 8,024, 8,027, 8,028, and 8,035. Fux highlighted the danger of conflicting judicial outcomes and warned against “a potential release of an activity recognized as harmful and of high social risk” (*potencial liberação de atividade reconhecidamente danosa e de elevado risco social*).

This ruling does not evaluate the measure itself. Provisional Measure 1,394/2026 remains active, meaning the prohibition on fixed-odds betting stays in place. Because this is a single-judge decision issued *ad referendum* of the Plenary, it requires formal confirmation from the full court, though no timeline has been established. Meanwhile, the initial 60-day congressional review window for the measure concludes on 23 November 2026. CND previously reported on the 3 November public hearing, and further context can be found in CND’s guide to gambling in Brazil.

United States

The CFTC published an interpretation regarding the “Impartial Access Requirements” under Regulation 38.151(b) on 5 November 2026. Federally regulated exchanges known as designated contract markets (DCMs)—including platforms like Kalshi and Polymarket US—are mandated to ensure fair, open, impartial, and competitive access. According to the agency’s press release, DCMs are required to eliminate domestic geographic limitations that breach these standards within 30 days, or alternatively provide the Division of Market Oversight with justification as to why compliance is impractical. The 30-day deadline falls on 5 December 2026, measured from 5 November.

Chairman Michael S. Selig stated: “Geographic access restrictions are inconsistent with those purposes and the Act’s impartial access requirements.” The guidance suggests that location-based barriers damage risk management, split market liquidity, and distort price discovery, specifically referencing election markets and sports-linked contracts.

The interpretation omits state-level laws and court mandates. Given that certain prediction markets implement geoblocking following judicial rulings or cease-and-desist letters, the CFTC has not clarified how the guidance applies to those situations. Further details are available in CND’s guide to US gambling laws.

South Africa

The High Court in Pretoria invalidated the decision made by Trade, Industry and Competition Minister Parks Tau to award the fourth National Lottery and Sports Pools licence to Sizekhaya Holdings, simultaneously declaring the corresponding agreement with the National Lotteries Commission (NLC) void. Issued on 2 November 2026, the ruling stemmed from review petitions filed by the Ringeta Consortium and Ithuba Lottery. The court identified procedural irregularities—specifically concerning the involvement of the ministerial panel established by Tau during the final evaluation phase—and instructed him to re-evaluate the selection independently of that committee’s findings.

To ensure uninterrupted lottery operations, the declaration of invalidity is paused across two consecutive six-month intervals: the first designated for the re-evaluation process, and the second reserved for issuing a new licence and managing the transition if an alternative bidder is selected. EWN reported that Sizekhaya maintained that the court issued no negative findings against it and that operations continue as normal. TimesLive noted that Ithuba viewed the ruling as a validation of its legal position. At the time of reporting, neither the department nor the NLC had issued statements. This verdict applies strictly to the national lottery and does not affect online or casino gambling regulations, which are detailed in CND’s guide to gambling in South Africa.

United Kingdom

As reported by iGaming Business, a newly established independent Gambling Policy Commission has initiated an inquiry to determine whether the Gambling Act 2005 remains effective or if replacement legislation is necessary. The commission is led by Professor Jagjit Chadha of the University of Cambridge. Submissions for evidence are open until 12 February 2027, with the final findings expected in 2028. Chadha remarked: “Our purpose is to examine the evidence carefully and independently.” Operating outside of government control, the commission holds no direct authority over current public policy. Current standards are outlined in CND’s guide to UK gambling laws.

Pending elsewhere

Ireland: The Department of Justice stated on 6 November that discussions regarding the implementation of the advertising watershed under section 149 of the Gambling Regulation Act 2024 remain “actively ongoing,” though no target date has been finalized (SBC News; Gambling.com). Lithuania: A coalition task force reached a preliminary consensus on 5 November regarding the implementation of a progressive taxation model for gambling licences, though specific rates and tiers have not yet been established (SBC News). Argentina: Senate majority leader Patricia Bullrich announced on 9 November that the Senate will debate the online betting and gambling-harm legislation over the upcoming weeks, noting that the bill will forfeit its parliamentary standing if not approved by 30 November 2026 (Yogonet).

Frequently Asked Questions

What is the status of fixed-odds betting in Brazil?

Fixed-odds betting remains banned under Provisional Measure 1,394/2026. Although Brazil’s Supreme Court recently suspended lower-court litigation regarding the measure’s constitutionality to prevent conflicting rulings, the measure itself has not been struck down.

What did the CFTC rule regarding geographic restrictions in the US?

The CFTC issued an interpretation stating that federally regulated exchanges (designated contract markets) must remove domestic geographic access barriers within 30 days (by 5 December 2026) or justify why compliance is not feasible, as such restrictions violate impartial access mandates.

Why was South Africa’s National Lottery licence award set aside?

The High Court in Pretoria voided the licence award to Sizekhaya Holdings due to procedural flaws involving the ministerial committee appointed during the final selection process. The Minister must now re-evaluate the award without using that committee’s report.

Who is leading the UK review of the Gambling Act 2005?

The independent review is being conducted by the newly formed Gambling Policy Commission, chaired by Professor Jagjit Chadha of the University of Cambridge. The call for evidence runs until 12 February 2027.