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Application providers, digital platforms, hosting services and media intermediaries must remove irregular advertisements and campaigns after notification from the competent authority. The rapporteur’s version requires that the notification clearly and specifically identifies any content deemed irregular and ensures the right to a fair hearing and full defence. Journalistic, academic, parliamentary, artistic and opinion content are expressly protected.
Operators and companies linked to them are also prohibited from acquiring, licensing, or exploiting rights to sporting events held in the country. In the area of administrative penalties, the rapporteur’s text incorporates the new infractions into the existing sanctions system in Law 14.790 of 2023, which provides for fines of up to BRL2 billion ($392.8 million).
One of the main changes made by Vieira is the creation of the crime of promoting unauthorised betting operators. The penalty is one to five years imprisonment. This may be increased by one-sixth to two-thirds when the promotion is done by a digital influencer, athlete, or well-known person, due to their greater ability to reach the public.
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The week will feature a coordinated programme of engagement between regulators and the industry, as well as public education and digital awareness activities.
Peter Kesitilwe, CEO of the AiA, said the industry’s growth must be matched by a stronger focus on player protection, highlighting the need for greater collaboration between regulators and operators.
“As Africa’s gambling industry continues to grow, player protection must grow with it,” he said. “Africa Safer Gambling Week brings regulators and industry together around a shared commitment to safer gambling and stronger consumer protection.
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Much of the onus for the increasing black market is put on increasingly restrictive policies enforced by regulators across the licensed sector.
Taking a deeper look at these restrictive driving black market activity, up to 46% of the markets covered in the report enforced “significant advertising restrictions” on the regulated market, including in Belgium, Bulgaria, Coratia, Cyprus, Germany, Italy, Latvia, Lithuania, Montenegro, the Netherlands, Poland, Romania and Spain.
Additionally the report cited taxing consumers (in 29% of the 28 markets covered), and banned products (14%), were also propelling growth in illegal gambling. A lack of choice, due to monopolies in place in five markets has also driven the rise.
