KSA did not disclose the identity of the role models, or influencers, in question, but it did reveal the JOI Gaming adverts related to the Jack’s Racing Day motorsport event.
The adverts featured role models in various scenarios, including being dressed as hostesses in corporate clothing with the Jack’s logo and were posted on the website and social media channels of Jack’s Racing Day. The posts remained live when the charge was imposed.
The individuals also signed caps with the event logo and the brand name, Jack’s. Images of this were featured in various locations as part of promotion for the event.
In a ruling dated 27 June, but only published last week, the regulator said the adverts breached Dutch law. As such, it is ordering JOI Gaming to remove the adverts and promotional material immediately.
Should the operator fail to comply, KSA will impose a penalty of €50,000 per day, up to a maximum of €250,000. If JOI Gaming repeats the violation before or during future Jack’s Racing Day events, it will be fined €200,000 a day, up to €1.0m.
“To protect vulnerable groups such as young people and risk and problem players, strict rules apply to the use of role models for gambling advertising,” KSA said. “KSA keeps a close eye on the market and takes immediate, strict action to protect vulnerable groups such as young people.”
What are “role models”?
The Netherlands has had its role model advertising ban in place since June 2022. The rule applies to all licensed operators in the Netherlands, with the exception of charity and state lotteries.
Role models can be classed as anyone in the public eye. KSA offers certain examples such as celebrities, former professional football players, influencers and models. No such individual can be used to promote high-risk games of chance such as casinos and online gambling.
Several other operators have fallen foul of the rule over the past two years. These include two operators, neither of which were named, which used the voices of famous Dutch people in adverts. In one case, a celebrity’s voice was featured in a television advert and the other a podcast.
Both operators withdrew the adverts following a warning from the KSA. If they failed to do so, the regulator said they could have been issued with cease-and-desist orders.
Meanwhile, KSA issued a formal warning to the country’s National Postcode Lottery in November 2022 over the use of a well-known celebrity in advertisements. The person, who KSA did not name, featured in TV and online ads for the Deal or no Deal lottery game.
Other regulators follow KSA in banning role models in adverts
KSA is not the only regulator to have such a ban in place, with several other countries having followed suit.
In June 2023, French regulator l’Autorité Nationale des Jeux said it would prohibit using an athlete’s image in gambling communications. This was part of several new sponsorship regulations for sports teams and non-binding recommendations for gambling sponsorships.
More recently, Finland has included a similar proposal, banning the use of influencer marketing in its draft gambling reform plan. This is set to open up the country’s market to more operator by introducing a licensing system.
Original article: https://igamingbusiness.com/legal-compliance/dutch-regulator-raps-joi-gaming-role-models-adverts/
