Why an all-out ban on gambling advertising is a bad idea
This story originally appeared in the December 2024 issue of GGB Magazine.
Lawmakers from Illinois to New York and Ireland to Ontario passed tighter gambling advertising laws while state and federal governments in the US and beyond considered various degrees of such measures, including all-out advertising bans.
No US state – not even those with the most stringent responsible gaming regulations – has a total ban on advertising.
“I think it sounds like an easy solution to deal with the rapid expansion of advertising and promotions in gaming where there is an addictive component,” Cathy Judd-Stein, former chair of the Massachusetts Gaming Commission, told GGB Magazine. “I think an informed, data-based decision is what’s needed now.
“But I’m hesitant (to consider a ban) because the illegal market has the ability to advertise and advertise and advertise without any guidelines. I think a ban on the regulated industry would be harmful.”
“Ad bans are very bad news”
In the US a bill proposed by Senator Richard Blumenthal and Representative Paul Tonko would do just that. Similar measures are being discussed in Australia and Canada. In all cases, the goal seems to be to keep wagering advertising off the air and away from youth. But problem and responsible gambling advocates have previously said such bans won’t work.
“I’m not a fan of and I am a huge advocate against the banning of anything,” lobbyist Bill Pascrell III told GGB Magazine. “I think it’s important that we not just put complete bans out there. In terms of athletes and celebritiess, they can be utilised in a way that is useful for responsible gaming.… I don’t think that banning anything is useful. And there is no proof that it works.
“Ad bans are very bad news. You won’t have anything on the airwaves to show where to go” for help with gambling addiction.
Limiting celebrities, warnings and ban on word “free”
In Ontario, regulators landed on a middle ground. They did not ban advertising nor the use of celebrities. But in the new regulations that went into effect in February, celebrities can only be used for responsible gambling advertising.
In 2024, New York lawmakers passed a law that requires that any advertisement for sports betting or gambling carry “warnings about potential harmful and addictive effects of gambling”. It also mandates that the state gambling commission work with the state’s addiction services programs to ensure that all advertisements – for sports betting, land-based casinos and online gambling – include hotline numbers.
Also in the US, Illinois regulators tightened advertising guidelines, following the leads of lawmakers and regulators in Massachusetts and Ohio. The new rules, passed in September, strengthen existing measures by banning the use of words like “free”, “cost-free” or “free of risk”. They also ban gambling advertising on college campuses or other venues where the majority of attendees are under 21 and ban the use of messaging or logos on merchandise like toys that might appeal to youth.
The Ohio Casino Control Commission last summer added a first-of-its-kind prohibition when it approved a rule that prohibits offering promotions to anyone under the age of 21 during a “non-gaming, consumer transaction”. The rule was in response to Fanatics Sportsbook – part of the larger Fanatics merchandise empire – launching in the state and offering gambling credits to merchandise customers.
Why Massachusetts is an RG leader
Judd-Stein and the MGC have been at the forefront of such protections since wagering was legalised in Massachusetts in 2022. In that state, it was lawmakers that set the tone for a strict responsible gambling and consumer protection landscape.
Judd-Stein said that in her state, lawmakers “put a premium” on such measures. That gave regulators a head start by creating a research agenda.
“We were really well positioned” to prioritise responsible gambling, she said. The research “really informed the application process. The statute requires that operators to submit an annual responsible gaming plan. I give the legislature a lot of credit for establishing this and then the commissioners felt a responsibility to adhere to that.”
Across the world in legal gambling jurisdictions, responsible gambling has also been a top-line issue. The UK is testing the affordability checks endorsed by a 2023 white paper. And Ireland’s Advertising Standards Authority laid out guidelines that counsel against “encouraging” socially irresponsible behaviour or suggest that gambling could solve financial problems. The new standards also prohibit gambling ads that would appeal to or be available via “selection of media” to children.