Ontario Proposes Ban on Using Athletes and Celebrities in iGaming Advertising | Bennett Jones LLP

The central theses

• AGCO proposes to ban the use of athletes and celebrities from internet gambling advertising and marketing in Ontario.
• Comments can be submitted to AGCO until May 8, 2023.
• New rules would be implemented three months after they were finalized.
• Operators and suppliers should consider the impact of the proposed ban on their existing marketing strategies.

The Alcohol and Gaming Commission of Ontario (AGCO) is proposing to ban athletes and celebrities from using internet gambling advertising and marketing in Ontario. According to AGCO, the goal is to further minimize potential harm to youth and children.

The announcement was made on April 13, 2023. AGCO said it had “identified advertising and marketing approaches that strongly appeal to those under the legal playing age through the use of celebrities and/or athletes.”

The proposed amended standard will:

1. create an obligation for operators and providers to cease all advertising and marketing activities that employ active or retired athletes in gambling marketing and advertising; And,
2. Prohibit the use of any cartoon character, icon, role model, social media influencer, celebrity, or entertainer that may reasonably be believed to appeal to minors. This proposed change departs from the current standard, which applies to individuals who are “primarily appealing” to minors. Advertising remains allowed provided other standards are met.

Stakeholders have until May 8, 2023 to comment on the proposed changes through AGCO’s engagement portal. Operators and suppliers would have three months to comply with the final standard – it would come into effect three months after its publication on the AGCO website.

The Ontario iGaming Market launched on April 4, 2022 – see our previous blog “Promoting and Marketing the New Ontario iGaming Market: Update for Private Operators” for more details. From the outset, AGCO said it would evaluate and update the regulatory framework as the market evolved.

Considerations for iGaming operators and providers

Some steps Ontario iGaming operators and providers can take include:

• Considering whether to respond to the proposed changes by May 8, 2023;
• Assess how their current marketing strategies would be impacted under the new rules; And
• Evaluating and reviewing their existing contractual arrangements with affiliated celebrities and/or athletes.