Effective February 28, 2024, the Alcohol and Gaming Commission of Ontario ("AGCO") has amended the Registrar's Standards for Internet Gaming (the "Registrar's Standards") to tighten its restrictions on the use of athletes and celebrities in internet gaming ("iGaming") advertising and marketing in Ontario (the "Amendments").
Specifically, among other restrictions, the Amendments:
- prohibit iGaming operators from using athletes, whether active or retired, in iGaming marketing and advertising, except for the exclusive purpose of advocating for responsible gambling practices; and
- restrict the use of cartoon figures, symbols, celebrities, role models, social media influencers or entertainers that would "likely be expected to appeal to minors".
Following the launch of Ontario's regulated iGaming market on April 4, 2022, many high-profile athletes and celebrities became brand ambassadors for iGaming operators. In April 2023, the AGCO began holding consultations with a broad range of stakeholders on the proposed Amendments. The AGCO determined that restricting the use of athletes and celebrities in iGaming advertising and marketing content would help safeguard children and youth who are susceptible to such content.
Pursuant to the provisions of the Alcohol and Gaming Commission of Ontario Act, 2019, the AGCO has the authority to suspend or revoke the licenses, authorizations and registrations of, or issue monetary penalties to, any iGaming operator found to be in violation of the Registrar's Standards.
The AGCO has not provided guidance on who or what it would consider to be "likely to be expected to appeal to minors", leaving aspects of the Amendments open to interpretation by market participants, for the time being.
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