The gaming regulator in the Netherlands, the Kansspelautoriteit (KSA), slapped Bingoal with a €400,000 ($428,000) fine for targeting young adults with advertising messages.

Targeting Young Adults

The hefty financial sanction dished out to Bingoal is the fifth slapped by the KSA on gambling operators under the same investigation for violations of the regulations prohibiting games of chance advertising to be aimed at young people.

The KSA investigation concluded that Bingoal breached the underlying regulations of the Betting and Gaming Act, namely Article 2, Paragraph 4, preamble and (a) of the Decree on Recruitment, Advertising and Addiction Prevention of Games of Chance by sending advertising messages to users aged between 18 and 24 between October 12, 2021, and March 15, 2022.

Young adults (18-24) are considered a vulnerable group due to the extreme susceptibility of the human brain at this age to develop a gambling addiction and to protect them from these risks the law prohibits operators from targeting that age group with direct advertising messages.

The Legal Certainty Principle

In its defense, Bingoal did not deny sending the advertising messages during the aforementioned period, arguing that the messages were not specifically aimed at young adults but were rather general advertising messages directed at players, claiming that just because these messages happened to reach young adults does not constitute a violation of the Article 2, Paragraph 4, (a) of the advertising and addiction prevention decree.

Bingoal focused on the part of the legal standard containing the words “aiming at,” arguing that there are several ways of interpreting this one of which is that it pertains to the content of the advertisement and not to its scope, and is therefore putting the standard in conflict with the legal certainty (lex certa) principle.

Bingoal concluded that its advertisements were not targeted at young adults and that it has not violated Article 4a, Paragraph 2 of the Betting and Gaming Act and Article 2, Paragraph 4, preamble and (a) of the advertising and addiction prevention decree.

Operator’s Second Transgression

The financial sanction imposed on Bingoal is the second for the gambling operator since the start of 2022, following the €350,000 ($375,000) it received from the Dutch gaming regulator in February when the KSA found the operator in breach of the regulation related to the national gambling self-exclusion register, Cruks.

Another recently punished operator by the Dutch gambling regulator was Merkur Casino Almere which was fined €45,000 last month for multiple occasions of letting a Cruks-registered customer enter the casino premises and gamble.

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Sports betting and gaming operator BetMGM announced that its marketing and advertising campaigns will feature responsible gaming messages starting from March 1.

Responsible Gaming Messaging

The brand co-owned by MGM Resorts and Entain will align with the Problem Gambling Awareness Month initiative by introducing responsible gaming messages within its mobile app and across all advertising channels.

“As the legalized sports betting and online gaming industry continues to expand, it is vital that we not only equip players with tools and resources for how to play in a responsible and safe manner but that we also make a significant commitment to showcasing responsible gaming in our advertising,” commented BetMGM’s CEO Adam Greenblatt.

Developed in partnership with GameSense, responsible gaming messages will appear on physical billboards, prints and on-property signage within BetMGM Sportsbooks in the US and Canada, as well as on television, radio and BetMGM’s digital and social platforms.

GameSense’s integration with BetMGM’s digital platforms allows the gaming operator to provide its customers with spending limit tools, information about the basic rules of gambling and access to highly trained GameSense Advisors, essentially guaranteeing the same experience GameSense ensures for them at MGM Resorts properties nationwide.

Moving in the Right Direction

The president and CEO of MGM Resorts, Bill Hornbuckle, and the CEO of Entain, Jette Nygaard-Andersen, also commented on the announcement, highlighting the importance of responsible gaming for both the industry and its consumers.

“With the continued growth of sports betting and iGaming, it’s imperative that our industry remain committed to supporting the best interests of our guests and customers,” said Hornbuckle, commending BetMGM for their commitment to responsible gaming.

“Technology is the key enabler in providing a safety net for our customers [and] building these tools with GameSense into the BetMGM platform is the best way forward,” said Nygaard-Andersen, reiterating Entain’s commitment to providing the safest gambling platforms.

The launch of responsible gaming messaging represents a significant step forward for BetMGM and the gambling industry in the US as it continues to grow but it is just the beginning of a process that requires continuous efforts to progress and evidence to step on, underscoring the essential role of research to tackling problem gambling.

To support research-based evidence and ensure the highest level of protection for players across the country, BetMGM partnered with the International Center for Responsible Gaming (ICRG) in November and provided a $180,000 grant to support the organization’s objective of educating people about the threat posed by problem gambling, the role of gambling advertising and best responsible gaming practices.

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