In partnership with Gaming Eminence, Rightlander, a leading monitoring and compliance solution provider, conducted a thorough review of marketing compliance within the iGaming sector across Ontario. This review uncovered the scope and nature of non-compliant marketing content found in 2022-2024, highlighting the need for stricter oversight and enhanced consumer protection.
A study conducted by Rightlander of Ontario’s iGaming marketing activity has unveiled the scale of non-compliant content found in campaigns targeting residents of the province.
Specialising in monitoring third-party marketing channels, including web, social media and paid search, Rightlander’s proprietary software scanned and analysed data collected from its network since April 2022, when Ontario became a regulated iGaming province in Canada. It revealed a surge in non-compliant campaigns from 2022 to 2023, with bonus promotions being the highest infraction identified.
Other key findings included:
129,000 appearances of unlicensed operators were detected in a 6-month period.
Over 17,000 pages with incorrect or missing 19+ messaging.
Almost 93,000 pages with bonus offers in a 6-month period.
While the number of non-compliant marketing content identified is still high in the first half of 2024, totalling 96,304, the study demonstrates that through the ongoing monitoring of advertised content and proactive action taken by key stakeholders, the result is a reduction of infractions, down by 120,844 compared to the same period in the previous year, and better protection for consumers.
The state of marketing compliance in Ontario
Regulation for iGaming in Ontario, Canada, came into effect in April 2022. It is overseen by iGaming Ontario (iGO), a subsidiary of the Alcohol and Gaming Commission of Ontario (AGCO), which has been proactive in regulating online iGaming.
What has changed?
Sweeping changes were introduced for brands, with the most significant requirement being that a licence was now needed to operate and accept players from the State of Ontario. There were also strict new rules introduced on the marketing of products and services in order to protect citizens from the potential harms of online gaming.
Significant changes were also introduced for third-party marketing partners including affiliate marketers and how they promoted online gaming products. A key change included a ban on the use of bonuses as an incentive for player acquisitions.
Marketing compliance overview
Rightlander began scanning for compliance issues that didn’t meet regulatory standards shortly after regulation was introduced. With over two years of data analysed, there were key outcomes identified including the presence of incentives being used in campaigns, unlicensed brands being advertised and the absence of 19+ messaging that could appeal to an underaged audience.
Rightlander divided the scanned data into four six-month periods in order to better reflect the implementation stages of the newly introduced regulations and monitor their impact on the market. The first was shortly after regulation and therefore grouped the data to the second half of 2022. The most recent period was for the first half of the current year, 2024. The two other six month periods cover the whole of 2023.
19+ Messaging
One of the primary directives for brands and their marketing partners was the compulsory inclusion of messaging that informed visitors they should be 19 years or over to view the content. This messaging was to be included in all promotional campaigns. The graph below shows the number of instances where this messaging was missing from advertised content on websites, search and social media platforms accessible from Ontario.
Presence of Unlicensed Brands
With the introduction of a licensing process, there continued to be a strong presence of unlicensed operators being promoted despite the regulatory changes coming into force in April 2022. More notable was the significant increase in the second half of 2023 when the grace period ended and unlicensed brands were ordered to cease operating in Ontario.
Bonus Incentive
Following regulation, bonuses could only be advertised on licensed operator websites. Affiliates, influencers, and other third-party marketers were no longer allowed to advertise bonuses to players in Ontario. The data below shows the continued use of bonuses being used in advertising campaigns run by marketing partners scanned by Rightlander.
Responsible Gaming (RG) messaging - missing, incomplete, or incorrect
One of the directives from the AGCO to its licensed brands is to include very specific responsible gambling (RG) messaging when promoting igaming-related products to Ontario residents, both on their website(s) and via third party campaigns promoting their brand. Rightlander analysed this area and identified instances where this was either missing, incomplete, or incorrect in some way, as can be seen from the graph below.
The data that Rightlander scanned and analysed revealed the scale of marketing compliance issues prevalent in Ontario. It also showed the impact that the regulatory changes introduced and enforced had, particularly in areas such as offshore brand advertisements and the use of bonuses as incentives.
Whilst the non-compliant issues detected in 2024 showed a downward trend, the study demonstrates that continued monitoring and action is needed to further reduce these infractions and promote a safer entertainment environment for Ontario residents.