New York sportsbook advertising rules could become even stricter if lawmakers approve new legislation from Assemblyman Clyde Vanel. He proposes to extend advertising restrictions and guidelines that currently apply only to retail casinos to encompass the online sports betting industry as well.
The change is one of three tweaks that Vanel’s Bill A10658 would make to Section 1363 of the New York Racing, Pari-Mutuel Wagering, and Breeding Law. The language would be updated to include “mobile sports wagering licensee” in addition to “gaming facility licensee.”
The other changes are a tightening of the language about the depiction of minors in gambling ads and the requirement to display responsible gambling messaging.
The bill has been referred to the Racing and Wagering Committee, of which Vanel is a member. If passed, A10658 will become effective 90 days after the governor signs it into law.
New York has recently been taking a hard look at the gambling industry’s marketing practices. Last October, the New York State Gaming Commission (NYSGC) revised the marketing and advertising regulations for the state’s sportsbooks. Changes included the prohibition of terms such as “free,” “risk-free,” and “free of risk.”
Although operators dropped the word “free” from their marketing last year across the US, the term’s former popularity continues to produce multiple class-action lawsuits, including one in New York against DraftKings.
New York’s Standards for Casino Advertising
Currently, New York’s retail casinos and racetracks must adhere to these advertising rules.
- Ads must be based on facts and cannot be deceptive or misleading.
- Advertisements must not use design elements to make those facts more difficult to read.
- Any significant conditions or limits on promotions must be clear to the reader or viewer.
- Advertisements cannot depict anyone under 21 gambling or engaged in any gambling-related activity. Vanel’s bill would extend this to prohibit the depiction of minors at all, except “incidentally” (e.g., in the background).
- Ads must clearly state the gaming facility’s name and location, except for billboards within 30 miles of the facility.
- Every advertisement must prominently display a message with the number for the state’s problem gambling helpline. Vanel’s bill would amend this to specify that video ads must display the message for their entire duration.
- Targeted ads must inform the recipient of how to opt out of receiving future advertisements. They must offer at least two of the following three means of doing so: email, phone number, or conventional mail. Upon receiving such a request, operators must promptly remove the person from their marketing list.
In addition, operators must provide the NYSGC with a copy of an advertisement within five business days of the campaign’s launch. If the commission requests that the operator remove the ad, they must do so immediately after receiving the notice. Also, retail casinos and sportsbooks must keep a record of all gambling ads for at least two years.
If Vanel’s bill becomes law, all these provisions will apply equally to mobile sports betting operators.
Standards Would Likely Apply to Online Casinos as Well
If New York online casinos become legal, a subsequent amendment would likely extend the rules to those as well. Proponents of iGaming, like Sen. Joseph P. Addabbo Jr., see the legalization of online casinos as a solution for the state to address budget shortages, including funding for the Metropolitan Transportation Authority (MTA).
However, iGaming faces considerable opposition, notably from the Hotel and Gaming Trades Council, a retail casino workers’ union. Additionally, New York Governor Kathleen C. Hochul has refused to entertain iGaming discussions so long as the expansion of downstate retail casinos is underway. That will take a long time, as the process of selecting licensees for the new casinos has barely begun.
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