Towards a National Framework on Advertising for Sports Betting Act in Canada

Open Access Government anticipates the upcoming National Framework on Advertising for Sports Betting Act, starting with some scene setting on responsible gambling

The Alcohol and Gaming Commission of Ontario (AGCO) prioritizes responsible gambling. They aim to ensure that electronic raffles do not harm vulnerable people, such as minors or at-risk individuals, and that marketing or advertising does not mislead the public. ⁽¹⁾

In April 2024, a study found that over 86% of Ontario’s online players gamble on regulated websites, a significant increase from the previous 70% who gambled on unregulated sites before the launch of Ontario’s regulated online gambling market in April 2022. “While it’s encouraging to see most participants are choosing regulated gaming options, those who are not are unfortunately risking far more than their wagers,” Dr. Karin Schnarr, Chief Executive Officer and Registrar of AGCO, commented. ⁽²⁾

National Framework on Advertising for Sports Betting Act

Bill S-269, National Framework on Advertising for Sports Betting Act, had its first reading on June 20th, 2023. In summary, this act establishes a national framework for the regulation of sports betting advertising in Canada and sets national standards concerning risk prevention for affected individuals. The full name of Bill S-269 is An Act respecting a national framework on advertising for sports betting. Still, we will use the shorter version in this editorial, National Framework on Advertising for Sports Betting Act.

The National Framework on Advertising for Sports Betting Act also allows the Canadian Radio-television and Telecommunications Commission to review its policies and regulations to determine if they are sufficient and effective in reducing the harm caused by sports betting advertising proliferation.

In its preamble, the Parliament of Canada acknowledges the need for a standardized and reasonable approach throughout Canada to reduce the prevalence and potential harm caused by the promotion and advertising of gambling activities for minors and others who may be vulnerable to such damage.

The Parliament of Canada adds that the Minister must develop a National Framework on Advertising for Sports Betting Act before stating that this must accomplish three things:

1. It is necessary to determine how to regulate sports betting advertising in Canada. This may involve limiting the use of sports betting advertising, controlling their scope, number or location, and limiting or prohibiting the involvement of athletes or celebrities or in promoting sports betting.
2. It must establish actions to support research and intergovernmental sharing of information “related both to the prevention and diagnosis of minors involved in harmful gambling activities and to support measures for persons who are impacted by it.”
3. National standards must be established for diagnosing and preventing harmful gambling activities, as well as for providing support services to those affected by it. ⁽³⁾

The Office of the Honourable Pascale St-Onge, Minister of Canadian Heritage, released a statement to globalnews. ca in January 2024, stating that Canadians are becoming more aware of the financial, psychological, and addiction risks linked to online gambling advertising. There is a growing concern, especially regarding young people, as demonstrated by Senator Marty Deacon’s Bill S-269.

Pascale St-Onge’s Office said Bill S-269 would establish standards similar to those used to regulate alcohol and tobacco advertising. It might involve limiting this kind of advertising while also encouraging studies on how to prevent and identify young people participating in “harmful gambling activities”, and to support those affected. ⁽⁴⁾

Regulating the advertising of sports betting in Canada

As of the beginning of June 2024, it was confirmed that the committee in the Senate is currently considering the National Framework on Advertising for Sports Betting Act. Although the initial reading took place on June 20th, 2023, the second reading by the Senate occurred on May 9th, 2024.

The sponsor is Sen. Hon. Marty Deacon ⁽⁵⁾, appointed to the Senate of Canada on February 15th, 2018. ⁽⁶⁾ The National Framework on Advertising for Sports Betting Act mandates that the Minister of Canadian Heritage be tasked with creating a National Framework on Advertising for Sports Betting Act. Bill S-269 is structured into three separate demands, Hon. Marty Deacon reminds us, when she moved the second reading (Debate Adjourned) of the National Framework on Advertising for Sports Betting Act on Tuesday, September 19th, 2023, during Senate debates.

“The minister must first identify measures to regulate the advertising of sports betting in Canada, such as by limiting or banning the participation of celebrities and athletes; restricting the use of non-broadcast advertising; or limiting the number, scope or location of such advertisements,” Hon. Marty Deacon underlined. ⁽⁷⁾

References

1. https://www.agco.ca/responsible-gambling
2. https://www.globenewswire.com/news-release/2024/04/04/2857930/0/en/Over-86-of-Ontario-s-online-gamblers-play-on-regulated-sites-Study.html
3. https://www.parl.ca/DocumentViewer/en/44-1/bill/S-269/first-reading
4. https://globalnews.ca/news/10253537/sports-betting-gambling-ads-youth-risks/
5. https://www.parl.ca/legisinfo/en/bill/44-1/s-269
6. https://sencanada.ca/en/senators/deacon-marty/
7. https://sencanada.ca/en/content/sen/chamber/441/debates/139db_2023-09-19-e?language=e