Conflicting National Broadcast Advertising Standards Could Impact MA Sports Betting Ads

To tackle the issue of problem gambling among young individuals, Massachusetts has implemented regulations on sports betting ads that specifically aim to reach users who are 21 years old or younger.

Problem gambling campaigns typically target adults, but a study by the National Council on Problem Gambling revealed that around 4-5% of adolescents aged 12-17 exhibit signs of having a gambling issue. What may initially seem like a harmless pastime can quickly spiral into a destructive addiction for these particular individuals. This is particularly concerning in states that lack dedicated programs to address problem gambling among youth.

Keith Whyte, Executive Director of the National Council of Problem Gambling, noted that in Mississippi, he is unaware of the existence of any consistent youth gambling prevention initiatives. Consequently, it seems unlikely that the youth in Mississippi are regularly exposed to any messages concerning gambling prevention.

Massachusetts’ admirable focus on addressing a long neglected area of gambling addiction is praiseworthy. However, it is important to recognize that this small step alone is insufficient in establishing a comprehensive and robust regulatory framework.

Massachusetts Sports Betting Ad Regulations 

The task of drafting sports betting regulations in Massachusetts falls under the jurisdiction of the Massachusetts Gaming Commission (MGC). However, the sports betting bill passed in Massachusetts outlines specific criteria that the Gaming Commission must incorporate into its sports betting rules. This precautionary measure is commonly implemented by sports betting bills to establish protective measures within the sports betting industry.

Massachusetts’ initial provisions for sports betting appear forward-thinking, as they prioritize the younger generation. By directing sports betting advertisements towards adults who are capable of making independent decisions, they are taking a small step towards enhancing the regulation of gambling advertising.

Nonetheless, this lone advertising provision is insignificant when compared to certain European regulations. In the United Kingdom, gambling advertisements are prohibited from featuring celebrities, as they have the potential to attract young individuals. Additionally, individuals who are perceived to be 25 years old or younger are also not allowed to appear in gambling advertisements.

The disparity between Massachusetts and the United Kingdom exemplifies the significant progress the United States needs to make in regulating gambling advertisements. However, it is unfair to blame any particular state for this situation. The fragmented regulation of sports betting on a state-by-state basis has rendered it impractical to enforce any state’s standards on national sports broadcasts.

Massachusetts to implement strict regulations on underage sports gambling.

National Broadcasts And State Commercial Conflicts     

In a gradual manner, American sports betting markets have gradually implemented various components of strict regulations on sports betting advertisements. Ohio, for instance, has implemented a ban on sportsbooks using the term “risk-free” for bonuses if bettors need to put their money at stake to avail them. Additionally, almost every state has imposed restrictions on false, deceptive, or misleading sportsbook ads. However, despite this clause, nationally advertised risk-free bets that still involve some level of risk continue to exist.

National sports broadcasts may not adhere to the advertising regulations of every state regarding sports betting commercials. As an illustration, FanDuel modified its “risk-free bet” to a “no sweat first bet” to comply with Ohio’s restrictions on sports betting ad language. However, one of FanDuel’s commercials aired during NFL broadcasts offers $1,000 in free bets as a welcome bonus for a qualifying real-money wager. While FanDuel cannot refer to this bonus as a risk-free bet in Ohio, they are still able to combine their no sweat first bet with free bet language in their nationally broadcasted commercial.

Federal scrutiny into sports betting ads could be prompted by conflicting advertising standards. The implementation of a federal advertising framework could establish explicit regulations regarding acceptable bonus language, celebrity endorsements, and target audience demographics. This would effectively resolve the conflict arising from the varying standards set for national and state advertisements.

Massachusetts has taken a clear stand against targeting individuals under the age of 21, which is just a fraction of the broader conflict at hand. Although local advertisements can adapt to comply with these regulations, ads aired during national sports broadcasts may not fully meet the state’s requirements. While Massachusetts may not aggressively pursue this matter, it represents a move towards attracting the attention of federal regulators in the near future.