YouTube Fills Federal Policing Void on Gambling

By: Sara Dalsheim

The ultimate inhibitor of the regulated gambling industry is the illegal ever-present offshore market. The regulated industry has been consistently asking for assistance from law enforcement to assist them in stamping out the illegal market – that, unlike the regulated industry, is not required to abide by any of the mechanisms that protect consumers. The federal government has failed to answer the call, so the industry has started reaching out to others that can help.

Companies like Google have answered the call. Google owns YouTube, which already has baseline gambling content restrictions in place. Under YouTube’s current rules, content may only direct viewers to gambling platforms that have been certified by Google.[1] A Google certification requires proof that the platform meets local legal requirements. Additionally, starting on March 19^th, YouTube will strengthen their gambling related-content policy and take additional steps to prevent deceptive marketing tactics that encourage irresponsible gambling tendencies. YouTube’s policy advancements will outright prohibit content that directs viewers, whether through links, images, logos, or verbal mentions, to any “unapproved” gambling platform. According to YouTube, “unapproved” shall mean any site that does not meet local legal requirements or has not undergone review by YouTube or its parent company, Google.  Any creators found in violation of YouTube’s policy will have their channels demonetized.

YouTube will also strengthen its protections on those that are underage by introducing age-restrictions on any content that promotes online casinos. Apart from online sports wagering and in-person gambling content, those under the age of 18 will be restricted from content that depicts or promotes online betting sites.

YouTube’s additional protections and restrictions come after YouTube discovered a drastic increase in content promising to teach viewers how to win in election and sports betting. “Guaranteed” money making gambling videos have become very popular on platforms such as YouTube. YouTube will also start removing any videos that promote “guaranteed winnings” regardless of the gaming platform such winnings are associated with. Content that assures “guaranteed” gambling returns is viewed as irresponsible and problematic to Google/YouTube.

In addition to YouTube’s policy updates, Google has also separately announced changes to its Gambling and Gaming Advertising Policy that will take effect this April. The changes are said to be designed to give the gaming industry advertisers clarity and to more strongly enforce responsible advertising. Going forward, all content promoting gambling, including affiliate marketing websites, must provide proof of their compliance with local regulations, and not include any links to unlicensed gambling platforms. Further, any content promoting social casino gaming must be certified and include clear disclaimers that no-real money gambling takes place on the platform. Any Google advertiser that fails to comply with the new certification requirements, risks ad disapproval, removal, or account suspension; and repeated violators or those that falsify certification may be permanently ban from advertising on Google.

Google and YouTube are not alone in their efforts to protect patrons of the gambling industry. Meta, which owns social media platforms such as Facebook, Instagram, and Threads, has its own Online Gambling and Gaming Policy[2] with its own definition of online gambling and requires any ads that promote online gambling to obtain prior written permission. Additionally, Twitch, a popular live gaming video streaming platform, has its own policy “prohibiting streaming of certain sites that include slots, roulette, or dice games and aren’t licensed either in the U.S. or in other jurisdictions that provide sufficient consumer protection”.[3] For more information and a general overview of social and other media online gambling advertising requirements and policies, review our previous post to assist the navigation of online gaming advertising here.

YouTube, Google, and other media companies, should be applauded for their additional efforts to discourage consumers from being directed to gaming platforms that are not licensed and illegal and for taking reasonable additional efforts to protect consumers. The challenge, however, will be to efficiently and effectively enforce these policies. As experienced attorneys in this industry, we know based on our efforts to assist clients with defenses or compliance mechanisms, that these companies do their best to enforce the policies and find violators. However, these companies are not gaming or legal experts, and it is hard to believe that Google will be able to police the entirety of its vast platforms, including the estimated 518,400 hours of video content uploaded to YouTube each day. We encourage other companies to institute similar policies to protect consumers and that promote the regulated market in general.

[1] Google’s Gambling and Games Advertising Policy can be here: https://support.google.com/adspolicy/answer/6018017?hl=en#apply

[2] Policy found at: https://transparency.meta.com/policies/ad-standards/content-specific-restrictions/gambling.

[3] Policy found at: https://safety.twitch.tv/s/article/Prohibiting-Unsafe-Slots-Roulette-and-Dice-Gambling-Sites?language=en_US.