Online gambling and betting advertising is non-compliant with Gambling Act — minister

Minister of Trade, Industry and Competition, Parks Tau, has confirmed in parliament that the advertising for online gambling and betting does not comply with the National Gambling Act, but emphasised that a crack-down is coming.

He was responding to a question from Makashule Gana, an MP for Rise Mzansi, whether the recent advertising and marketing campaigns of gambling and betting companies comply with the National Gambling Act and related regulations and policies.

Tau said in his reply that the National Gambling Board reviewed recent gambling and betting advertising campaigns to see if they comply with the National Gambling Act and National Gambling Regulations.

“The findings indicate that a number of gambling operators’ current advertising and marketing practices do not fully comply with the legislative and regulatory framework, particularly regarding responsible gambling messaging and protection of minors.

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Online gambling and betting skipping statutory warnings

Tau said online gambling operators are contravening regulation 3(2) of the National Gambling Regulations about the inadequate display of responsible gambling warnings, which requires that any advertisement must include a clear and prominent statement warning against the dangers of addictive and compulsive gambling.

In a video or television advertisement, this message must incorporate at a minimum the name, toll-free number and slogan of the National Responsible Gambling Programme, and it must be published in visual format so that each slogan appears in a legible and noticeable format for at least three seconds.

“The responsible gambling message was barely visible and appeared only briefly, which undermines the intent of the regulation.”

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Children exposed to online gambling and betting advertising

He said online gambling operators also contravened regulation 3(1)(i)(i) of the National Gambling Regulations in these ways:

• Exposure to minors: prohibits placing gambling advertisements in media primarily directed at children under the age of eighteen, but the Board noticed that advertisements are frequently aired during family viewing times, including during popular shows, such as MasterChef and Junior MasterChef, as well as during sports matches where the audience is likely to include minors. Tau says this is contrary to the Act, which prohibits gambling for individuals under 18. Advertising during these time slots also increases the risk of normalising gambling behaviour among young viewers.
• Targeted online and streaming advertising: Tau said gambling advertisements were observed on radio streaming websites and platforms such as YouTube, often without responsible gambling disclaimers. These platforms do not adequately verify the age of users, allowing easy access to gambling content by minors. “This raises serious concerns regarding the enticement of underage children to participate in gambling activities,” he said.
• Sponsorship and product placement: the sponsorship of family-friendly programmes by major bookmakers results in increased visibility and frequency of gambling advertisements during television content widely consumed by minors and families. Tau said this form of marketing bypasses regulatory intentions to protect vulnerable groups from gambling influence.

Tau said the board engaged the provincial gambling boards about the contraventions and intends to advise the National Gambling Policy Council Meeting of the matter for resolution. “Therefore, the department and the board will focus on implementing corrective measures in the next cycle.”

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National Gambling Policy Council stepping up soon

Gana also wanted to know whether Tau found that the lack of National Gambling Policy Council meetings since March 2018 contributed to the gambling crisis and lack of accountability in the gambling and betting sector.

Tau said he will convene the National Gambling Policy Council soon. “Gambling is a functional area of concurrent competence between national and provincial government in terms of the constitution, and therefore requires intergovernmental cooperation.

“The statutory mandate of the Council in terms of section 62 of the National Gambling Act includes consulting on the determination and establishment of the national gambling policy and laws, including the promotion of uniform national and provincial laws about gambling norms and standards, as well as any matter concerning gambling.”

The Council enables provinces and national government to debate and deliberate on policy and ensure alignment of policy and enforcement interventions across the country.

Tau said that with the gambling environment evolving, there has been a growth in the industry, which also paved the way for illegal activities, such as online gambling, to thrive. “In addition, the inability to meet affects uniformity and harmonisation of gambling policy and legislation, which leads to fragmentation in the gambling regulation in the country.”

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