CASINO

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Editor in Chief : David McKee dmckee6@comcast.net

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As sports betting has proliferated in Europe, Great Britain and Australia, we have seen the discussion and—in some cases—the imposition of constraints on when, where and how sports wagering providers may advertise. Is that coming to North America? We may find out sooner than expected.

Regulators in the commonwealth of Massachusetts recently unveiled their code of marketing for the Bay State’s nascent betting market. In their case, they had to do it, as lawmakers had enacted sports betting sans any sort of governing controls. Regulators have been required of necessity to make it up as they go along, simultaneous with the process of licensing providers.

Not only are Massachusetts colleges and universities prohibited from displaying gambling advertisements (betting by players under 21 is prohibited) but they can’t partner with providers either. Promotions cannot use the oft-misleading terms “free” or “risk-free.” And advertisements can’t be placed anywhere that the audience cannot reasonably be considered to be comprised 75 percent of adults. The Massachusetts Gaming Commission initially wanted to place the threshold at 85 percent—but that would mean taking down in-arena billboards like the MGM ones in Fenway Park.

Another state dealing with the birth pangs of sports betting is further up the coast: Maine. While these regulations have not been finalized, their draft form is worth noting. Not only is collegiate advertising banned, so are flyers, handouts and in-person account signups. Promotions and bonuses can’t be hawked on TV. As gambling.com reported, “Television advertising may only take place during an event and only on the channel that the event is being telecast when wagers on that event are offered by a licensed operator in Maine.” (This sounds ominously similar to what has been mooted in the United Kingdom.)

American Gaming Association Vice President Cait DeBaun disputes that we’re at an inflection point. “I wouldn’t call it pushback,” she told me. “We have a really collaborative relationship with the regulatory environment and that extends well before sports betting was legal.

“As this industry, especially sports betting, grows, we’re all learning and operators will learn from the process as well,” DeBaun continues. “What we’re seeing is that regulators are taking up covenants that are in the AGA’s code for responsible wagering. You see that in Arizona’s regulations from 2021. Massachusetts closely aligns with what we’ve outlined in our marketing code.”

Still, even in the nation-leading state of New Jersey, regulators are starting to display marketing fatigue. New Jersey Division of Gaming Enforcement Director David Rebuck has gone on record that if the gaming industry doesn’t police itself sufficiently, regulators will.

We have been warned. Besides, if anything keeps Kevin Hart from barking on my TV about ‘free’ bets, I’m all for it.

David McKee Editor

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