Ontario iGaming: New Amendments that Restrict Advertising and Marketing Activities

Written By Marshall Eidinger and Shane Rozen-Delman

On August 29, 2023, the Alcohol and Gaming Commission of Ontario (AGCO) announced amendments to its Standards for Internet Gaming (Standards) and released further guidance on its implementation on February 8, 2024. These amendments, which came into effect on February 28, 2024, are designed to strengthen consumer protection, with a focus on protecting youth and other potentially vulnerable groups. Notably, the amendments set out new and broadened requirements related to marketing and advertising activities of iGaming operators and gaming-related suppliers in Ontario.

The amendments include the following:

1. prohibiting the use of social media influencers and other individuals who are likely to appeal to minors;
2. requiring the implementation of a plan and a specific course of action that will limit marketing communications to high-risk players; and
3. restricting the involvement of active or retired athletes—particularly those who are considered to appeal to minors—in advertising and marketing materials. 

While the amendments stop short of prohibiting the use of athletes outright, in a manner different than social media influencers, they limit their involvement to using athletes in advertising and marketing activities that are for the exclusive purpose of advocating for responsible gambling practices.  

The AGCO has committed to working with iGaming operators and other stakeholders to ensure a smooth and successful implementation of the new requirements. As evident by the recent amendments to the Standards, the laws surrounding iGaming in Ontario are complex and rapidly evolving. Bennett Jones has a team of industry-leading professional advisors that can provide legal and strategic guidance to all industry participants as Ontario’s iGaming industry continues to advance.

For more information, please contact Marshall Eidinger or Shane Rozen-Delman.

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