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A coalition comprising most major North American professional sports leagues and two media giants has issued a set of proposed guidelines for sports betting advertising in the United States.
The list, released on Wednesday, contains a docket of common-sense suggestions that seem very much intended to quell a rising national backlash against an ad blitz that gambling companies pledged they couldn’t let happen, then did anyway.
Leagues have intended to use sports betting as an “engagement tool” to stoke television ratings since the repeal of the Professional and Amateur Sports Protection Act nearly five years ago, and the mad dash for new customers has led to waves of television, radio and signage advertising that has annoyed or alienated the public.
Leagues’ increased integration with gambling outfits — including MLB, the NBA, and NHL allowing active players to endorse sportsbooks — has led to blowback and ugly player interactions with fans, as 44% of the US population now has access to legal sports betting.
Now many of these leagues and the media outlets that broadcast their products have released a list of good intentions. It’s elementary and might have been more effective five years ago, although the American gambling industry was already watching public and governmental response to gambling ad fatigue in Europe in 2018 and wound up needing to put out this type of list anyway.
“As the legalization of sports betting spreads nationwide, we feel it is critical to establish guardrails around how sports betting should be advertised to consumers across the United States. Each member of the coalition feels a responsibility to ensure sports betting advertising is not only targeted to an appropriate audience, but also that the message is thoughtfully crafted and carefully delivered.”
— Joint statement from the Coalition for Responsible Sports Betting Advertising
Seven Leagues, NBC, Fox Propose Gambling Ad Rules
According to a statement, the coalition, comprised of the National Football League, Major League Baseball, Major League Soccer, NASCAR, National Basketball Association, Women’s National Basketball Association, National Hockey League, NBCUniversal, and FOX has “committed to implement and maintain consumer protection policies” consistent with six principles:
- Sports betting should be marketed only to adults of legal betting age
The content of sports betting advertising, marketing and promotion should primarily appeal to individuals of legal betting age, and sports betting should never be endorsed or otherwise promoted by any person who is, or appears to be, below such legal age.
Sports betting promotional materials should (i) only appear in media where a significant majority of the audience is reasonably expected to be of legal betting age and (ii) never primarily appeal to children in content or theme.
- Sports betting promotional materials should (i) only appear in media where a significant majority of the audience is reasonably expected to be of legal betting age and (ii) never primarily appeal to children in content or theme
Sports betting advertisements should always contain a clear, prominent responsible gaming message, including information on responsible gambling resources, and never be directed to individuals known by the advertiser to be self-excluded. Gambling advertising, promotion and other integrations that encourage irresponsible gambling or degrade the consumer experience (e.g., by appearing excessively) should also be avoided.
- Sports betting advertisements should not be misleading
Sports betting advertisements should never be false, deceptive or misleading. For example, sports betting advertisements and marketing should not promote unrealistic expectations of financial gain, or suggest that social, financial or personal success is guaranteed by engaging in sports betting. Nor should any such messaging state or imply that a bet is without risk if the customer must incur any loss, or risk the customer’s own money, to use or withdraw winnings from such bet.
- Sports Betting advertisements should be in good taste
Sports betting advertisements should (i) adhere to contemporary standards of good taste applicable to all commercial messaging, taking into consideration the applicable medium and advertising context and (ii) never undermine public perception of sports or their integrity.
- Publishers should have appropriate internal reviews of sports betting advertising
Publishers showing sports betting advertising should (i) provide appropriate training to their relevant employees regarding responsible sports betting advertising policies and (ii) implement internal processes to ensure compliance with such policies. To the extent possible, such processes should include a separate review of advertising and marketing materials by company employees outside the marketing and sponsorship departments.
- Publishers should review consumer complaints pertaining to sports betting advertising
Publishers showing sports betting advertising should develop and implement a process to review consumer complaints pertaining to that advertising.
The list comes four years after the American Gaming Association released its Responsible Marketing Code for Sports Wagering, which was updated in March.
Said Casey Clark, AGA Senior Vice President:
“We applaud the responsible advertising commitments announced today by many of America’s biggest players in sports entertainment. Closely mirroring commitments already made by AGA members through our recently updated Responsible Marketing Code for Sports Wagering, these efforts reflect a shared prioritization of responsible gaming and consumer protection. Building a sustainable legal wagering market requires alignment from the entire sports betting ecosystem, and today’s announcement is another important step.”
What League and Media Execs are Saying About Sports Betting Ad Guidelines
David Highhill, NFL General Manager, Sports Betting
“We’re proud to join these prominent sports industry stakeholders in this important effort. Legalized sports betting offers fans another way to engage with their favorite sports, but just as we must support problem gambling prevention and resourcing, we must also remain mindful of how sports betting is presented and advertised to consumers, and this coalition should greatly aid in that cause.”
Kenny Gersh, MLB Executive Vice President, Media & Business Development
“Forming this coalition with fellow leaders in sports and entertainment is another important step for our industry as legal sports betting continues to grow. While providing new fan engagement opportunities to enjoy our sport in more ways, we have to continue to be mindful and deliberate with how these sports betting options are presented and to whom they’re directed. Layering this coalition’s work in the advertising arena on top of our efforts to promote responsible gambling and address problem gambling challenges will lead to more thoughtful planning and implementation across the board.”
Chris Schlosser, MLS Senior Vice President, Emerging Ventures
“As betting on soccer continues to have a strong presence around the world, it becomes increasingly imperative to educate the fans about responsible gambling. A big part of this is how sports betting is marketed and promoted. That’s why we are committed to joining this important coalition of leaders in the sports industry. This is an opportunity to work together to implement guardrails and ensure that sports betting advertising is done appropriately and thoughtfully.”
Joe Solosky, NASCAR Managing Director of Sports Betting
“As the number of fans engaging with our sport continues to grow through the legalization of sports betting and gaming, it is critical that we play a meaningful role as a coalition member to ensure the availability to bet on sports is presented to fans in an appropriate and responsible manner. Moving forward in this space, responsible sports betting advertising will join responsible betting education as the two pillars that make up the foundation of our gaming strategy.”
Scott Kaufman-Ross, Head of Gaming and New Business Ventures, NBA and WNBA
“The NBA and the WNBA are proud to join this coalition of industry leaders dedicated to prioritizing and standardizing responsible sports betting advertising. These fundamental efforts will contribute to creating a safe, entertaining and sustainable market for sports fans to engage with legalized sports betting.”
Keith Wachtel, NHL Chief Business Officer
“As more sports fans have the opportunity to legally and responsibly bet in their home states, the fan experience continues to be one of our utmost priorities. We are proud to be part of this coalition of leagues and media entities to publicly state our ongoing commitment – with our partners – to promoting responsible advertising for sports betting.”
Mike Mulvihill, Executive Vice President, Head of Strategy and Analytics, FOX Sports
“FOX and FOX Sports are proud to be charter members of this broad and important coalition. As America’s leader in live sports, we are committed to providing fans a responsible and ethical engagement with sports betting, keeping the integrity of the games and our broadcasts at the forefront at all times.”
