Massachusetts Gaming Commission Approves New Sports Betting Advertising Regulations
The Massachusetts Gaming Commission has approved new sports betting advertising and marketing regulations that will come into force from April 14th. The regulations mandate sports betting firms to prevent individuals under 21 from being exposed to their advertising and marketing on social media and related TV platforms such as Hulu or YouTube TV. The rules also prohibit operators from paying spokespeople to encourage bettors to place a certain type or quantity of wager, and mandate that paid social media influencers and other endorsers disclose payments they receive from betting firms. Additionally, companies will not be allowed to enter into marketing agreements “in exchange for a percentage of net sports wagering revenue earned from users that the third party directs or causes to be directed to the Operator.” Mina Makarious, an attorney at Anderson & Kreiger, who has been working with the commission to write sports betting regulations, explained that the rules would prohibit revenue sharing based on a percentage of revenue where it’s a particular user tied to a particular marketing affiliate, but not general revenue sharing or flat fee payments. Although there were concerns that the language may impede smaller and less-established marketing affiliates from competing with larger entities, the language was approved unanimously.