The AGA has released the most significant updates to its Responsible Marketing Code for Sports Wagering since its inception. The Responsible Marketing Code ‘sets the industry standard for responsibility in marketing and advertising of sports betting’.

“Established in 2019, AGA’s Responsible Marketing Code reflects the commitment of our members to set and adhere to a high bar for responsible advertising,” stated AGA President and CEO Bill Miller.

He continued: “Today’s updates advance that commitment and represent our intention to protect consumers and evolve our standards as this nascent market matures.”

What are the changes to the AGA code?

The changes—developed in collaboration with AGA members—are the most significant to the Code since its inception, including:

  • Enhancing protections for college-aged audiences by:
    • Prohibiting college partnerships that promote, market or advertise sports wagering activity (other than to alumni networks or content focused on responsible gaming initiatives or problem gambling awareness).
    • Prohibiting sportsbook NIL deals for amateur and college athletes.
  • Adding age restrictions (21+) for any individual featured in sports betting advertising.
  • Changing all references to the “legal age of wagering” to 21-plus.
  • Banning all use of “risk free” in advertising.
  • Formalizing an annual process for reviewing and updating the Code.

“Advertising plays an essential role in migrating consumers away from predatory illegal sportsbooks and into the protections of the legal, regulated market while providing responsible gaming resources. The AGA and our members are committed to building a sustainable marketplace that protects vulnerable populations and gives consumers the knowledge and tools to keep sports betting fun for adults” concluded Miller.

Further to the above amendments, the AGA has added Dr Jennifer Shatley, founder and principal consultant at Logan Avenue Consulting LLC and consulting partner for the Responsible Gambling Council to the Code Compliance Review Board as co-chair.

The Code for Sports Wagering mandates responsible gaming inclusion, and provides an ecosystem for stakeholders and consumers to make others aware of apparent non-compliance.

What regulatory activity has there been around sports betting marketing so far?

Following the legalization of mobile sports betting in Ohio, there has been a number of fines in the state already totaling at least $750,000 for breaches of the tight marketing code enforced by the state. DraftKings was fined $500,000 for multiple breaches of the code; targeting those unable to gamble (underage) and using language such as “free” or “risk-free” in marketing.

Barstool was fined $250,000 for promoting Ohio sports betting to college students at the Barstool College Football Show at the University of Toledo.

Additionally, the Pennsylvania Gaming Control Board recently informed all operators by way of letter that the term “free bet” was no longer permitted on any advertising material for Pennsylvania sports betting in the state.