The New York Gaming Commission has proposed new regulations that would govern advertising for gaming services in New York. The proposed regulations would create a new audience composition standard for ad placements. It also plans to enact new labeling requirements. The regulations also would enact several new economic rules that could hinder advertising.
We first noted that if the gaming commission were to adopt an audience placement standard, it should be straightforward and clear. Specifically, the rule should clarify that such ads be placed where it can be shown that no more than 25% of the audience is underage with respect to gambling. This standard is similar to that used for alcohol advertisements and regulations in other states.
In addition, we observed that several radio stations and broadcasters in small markets do not have access to station-specific data regarding the audience composition of specific programs. We requested that the Gaming Commission be flexible as to the proof of the audience composition standard. Sports gaming operators should be able to use national audience data, data from other markets, or regional data concerning program type or program format.
Finally, we are concerned that extensive labeling requirements could have a negative impact on local stations, especially radio stations. For example, it was suggested that ads contain a label listing the states that do not allow gaming activities. Providing a list of states as part of a label could take up the entire spot. Accordingly, we asked that the Gamin Commission simply include language stating, “void where prohibited by laws” and referencing a website.
There were a number of additional issues we raised in our letter with the Gaming Commission. We will be following these proposed regulations as they move through the process.
You can see a copy of our letter to the Gaming Commission here.
You can see the proposed Gaming Commission Rules here.