Tag: Marketing regulation

MLBPI slaps four US operators with name, image and likeness suit for using players in apps, social media

MLB Players Inc (MLBPI), the corporate arm of the Major League Baseball Players Association (MLBPA) has filed lawsuits against DraftKings, Bet365, FanDuel and Underdog Fantasy for unlawfully using the name, image and likeness of several players on their apps and social media accounts.
The suits were filed on Monday (16 September). The DraftKings-Bet365 suit was filed in the US District Court for the Eastern District of Pennsylvania and the FanDuel-Underdog suit was filed in the New York State Supreme Court in Manhattan. Both allege that the bookmakers have used “hundreds” of MLB players’ names and images without proper consent.

The alleged violations apply to bets and promotions on the bookmakers’ apps and posts from their social media accounts. The union described the two companies’ conduct as “outrageous, malicious, and in wilful violation of MLBPI’s rights”.

As a result, the union is seeking an injunction to stop the use of player images as well as compensatory and punitive dam..

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ICO investigates Sky Bet for unlawfully processing player data

The Information Commissioner’s Office (ICO) has reprimanded Bonne Terre Limited, trading as Sky Betting and Gaming, for an outdated cookie policy that players couldn't opt out of.
The ICO found Sky Bet had used cookies to collect player data and share it with various marketing platforms before players were able to provide their consent and opt in or out of advertising cookies.

A complaint from campaign group Clean Up Gambling was submitted to the ICO, sparking an investigation into whether the Flutter business was deliberately misusing personal data to target vulnerable gamblers.

While Sky Bet was found to have processed data in a way that was “not lawful, transparent or fair”, the ICO said it found no evidence of deliberate misuse.

ICO deputy commissioner Stephen Bonner believes the case should be a lesson to gambling operators as she urged them to reconsider how they process player data.

“Our enforcement action against Sky Betting and Gaming is a warning that there will be..

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Illinois regulator tightens wagering and casino advertising rules

Illinois regulators late last week became the latest to revamp advertising and marketing rules for sports betting and casinos. The move follows a trend in the US that regulators say aims to protect minors and those at-risk from potential harms.
The Illinois Gaming Board (IGB) on Thursday (12 September) voted in more strict measures around wagering, casino advertising and video gaming. The new guidelines mirror those in Massachusetts and Ohio. Those two states are recognised to be the most stringent when it comes to advertising and marketing.

The IGB previously did not have such guidelines for casino and video gaming.

The board voted the same day that two US lawmakers introduced legislation that would, in part, create national gambling advertising guidelines.

The overall document now seeks to consider digital sports betting and advertising. But the rules apply to the physical and digital worlds.

IGB CEO Marcus Fruchter said the new rules were designed to “include additional safeg..

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US TV sports betting ads down by a third from 2021

A Nielsen study on sports betting advertising commissioned by the American Gaming Association (AGA) has found that the volume of TV sports betting ads has declined by 33.3% since 2021.

The study looked at sports betting advertising trends from 2013 to 2023. The AGA noted that TV represents the largest category for sport betting advertisers.

Explaining the decrease in sports betting ad volume, the report posited that a change in localised marketing – as more states legalise sports betting – may be the culprit.

“Advertising by legal sportsbooks plays an important role in informing consumers about legitimate betting operators and in migrating those consumers to safe betting options,” said the AGA. “As sports betting has expanded into new states, legal operators often launch advertising campaigns to raise awareness of legal sportsbooks and capture market share. Over time, those markets mature and the level of advertising declines.”

Sports betting TV advertising units also declined 11% ..

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Netherlands regulator KSA presents 2024 supervisory agenda

The Kansspelautoriteit (KSA), the gambling regulator in the Netherlands, has presented its supervisory agenda for 2024, citing four areas of focus.

Looking to achieve its mission of “safe gaming”, the KSA says it will increase its protection of vulnerable players in the Netherlands by looking to prevent addiction. The country took measures to do this in 2023, including the introduction of a ban on most forms of advertising.

The KSA is also looking to combat illegal online offerings, aiming for at least 90% of players to gamble with legal providers in the Netherlands. In a December article for iGB, Yield Sec chief executive Ismail Vali noted how the KSA’s current approach appeared to lack clear success in actual enforcement terms.

The KSA is vowing to further support partners, including the police and tax authorities, on investigations in the physical domain. The regulator hopes this will lead to less “undermining” between different organisations.

The KSA’s final area of emphasis is..

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Brazil ban on celebrity sports betting ads to be considered

A potential ban in Brazil on celebrities being used in betting advertising is ready to be included on the senate’s agenda in 2024.

Brazil is expected to finally have a regulated sports betting market in 2024. This is after Brazil’s chamber of deputies voted to approve Bill 3,626/2023 in December. There have been plenty of ups and downs and the topic of advertising is still proving contentious in the country.

Bill 3,405/2023 seeks to prohibit the use of celebrities in sports betting advertising, with Senator Eduardo Girao, who has long been against gambling in Brazil, presenting amendments that would ban anyone considered to have influence being involved in marketing of gambling.

In Girao’s view, Bill 3,405/2023 would protect Brazilian citizens from the risks of gambling harms, both emotional and financial.

Similar advertising bans worldwide

sports betting advertising is coming increasingly under fire

In August 2023, Alcohol and Gaming Commission of Ontario announced a ban on athl..

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Road to ICE 2024: Sports betting advertising coming under fire

On the road to ICE, iGB will prep you for the biggest show of 2024 with this new series covering the latest developments since 2023's show.

2024 is set to be an intriguing year for sports betting, particularly when it comes to advertising, where operators’ marketing is set to come under more scrutiny than ever before.

This will be particularly prominent in the United Kingdom. The culture, media and sport (CMS) committee recently called for a reduction in sports betting advertising to protect children.

The white paper, published in April 2023, intended to outline how gambling should be regulated in the UK. However, it received criticism for its lack of measures on how to tackle advertising. The CMS committee is pushing for more to be done in 2024 than was outlined in the white paper.

Pressure to reduce sports betting advertising could also prove a common theme across Europe this year. France, Belgium and the Netherlands all took steps in 2023 to reduce the amount of visible gam..

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FanDuel lobbied against New York rules on advertising near colleges

FanDuel Group lobbied against rules that prohibit advertising sports betting near colleges and universities in the state, according to unredacted documents released by the New York State registrar.

Updated rules on sports betting in New York were introduced in October. This came after the New York State registrar considered opinion from various licensees, including Flutter Entertainment-owned FanDuel.

The ban on betting adverts near education establishments is now in place. However, state registrar documents now show that FanDuel voiced its opposition to such a move.

NEW YORK STATE REGISTRAR DOCUMENTS SHOW FANDUEL LOBBIED AGAINST ADVERTISING NEAR COLLEGES

Dated 18 October, the document said FanDuel objects to a ban on adverts in the “area of a college or university campus”. This, the document says, may be interpreted to “include unaffiliated residential and commercial areas that border a college or university campus”.

However, the New York State Gaming Commission disagreed. The r..

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Netherlands’ NGR up 85% in 2022

The Netherlands' licensed gaming market generated €3.4bn (£2.95bn/$3.59bn) in net gaming revenue (NGR) in 2022, according to a report from regulator Kansspelautoriteit (KSA).

The report is based on 2022 only, as it was the first full calendar year for the Netherlands’ online gambling market.

The country’s market officially opened in October 2021, following the passage and ratification of the much-delayed Remote Gambling Act (KOA). This month marks two years since the market became live. NGR comprises of deposits minus prizes paid out.

NGR for 2022 was up by 85.0% from €2.0bn in 2021. KSA noted that this was due to an increase in both online gambling and land-based play, particularly as Covid-19 pandemic restrictions lifted. Land-based venues were closed in the Netherlands until 25 January 2022, with restrictions still applying until 25 February 2022.

Spending on gambling and advertising

Online casino was one of the Netherlands’ smaller markets in 2022, behind lotteries and l..

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Episode 19: Looking at Ontario’s legal gaming market with Paul Burns

Brendan Bussmann and Brandt Iden dive headfirst into Canada’s only open betting and gaming market with Paul Burns of the Canadian Gaming Association (CGA) in episode 19 of the World Series of Politics.

Paul shares his thoughts on the early stages of Ontario’s regulated market, pointing out that a strong channelisation rate suggests the Canadian province is making a successful leap from a grey to white market.

This, he explains, has levelled the field when it comes to advertising. That hasn’t prevented the naysayers from massing, however.

One of the opposition parties in the Ontario parliament has put forward a bill to ban gambling advertising – even though gaming only accounts for 3% of total ads shown in the country.

Listen to the World Series of Politics on Apple Podcasts

Looking forward, Burns assesses the future of Canadian gaming, examining the potential of sports betting and igaming in Ontario and beyond. With a foundation of responsible gaming standards and a commitment ..

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Massachusetts overturns affiliate ban in regulation

The Massachusetts Gaming Commission (MGC) has announced that it will overturn the ban on affiliates that was created in the state’s regulation.

In its open meeting today (23 February), the MCG agreed to replace the existing language in its regulation, which currently bans affiliates from the market by prohibiting cost per acquisition (CPA) and revenue share agreements.

The MGC went on to confirm that they have been working on amendments to the regulations of both licensing for sports wagering vendors as well as advertising for sports wagering advertising.

These amendments are currently still a period of consultation and will be voted on during an open meeting on 23 March 2023.

Under regulation 205 CMR 256, subsection 256.01 (3) the law currently reads: “No sports wagering operator may enter into an agreement with a third party to conduct advertising, marketing, or branding on behalf of, or to the benefit of, the licensee when compensation is dependent on, or related to, the volume ..

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Industry slams NYT sports betting coverage

On Sunday, the New York Times (NYT) published an article on sports betting lobbying efforts, which has been criticised by industry trade groups and individuals as including “several mischaracterisations”.

Titled “Cigars, Booze, Money: How a Lobbying Blitz Made Sports Betting Ubiquitous”, the article makes the argument that the gambling sector “got their way with lawmakers after showering them with donations, gifts and dubious arguments”.

This assertion has been criticised by a number of US-based trade organisations, who pointed to the already stringent regulatory environment and the industry-wide commitments to responsible gaming.

Criticised by trade bodies

In a statement published on LinkedIn, the American Gaming Association (AGA) said that the NYT had made “several mischaracterisations” in the article, and emphasised that there is a high standard for obtaining gaming licences in the US.

“As unapologetic advocates for our industry, the AGA engages with the New York Times and any..

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