SOUTH AFRICA Law and Practice Contributed by: Wayne Lurie, Lurie Inc
9. Advertising 9.1 Regulatory/Supervisory Agency Advertising Regulatory Board (ARB)
9.4 Restrictions on Advertising No Advertising of Illegal Gambling
It is strictly forbidden to advertise any gambling activ- ity that is unlawful in South Africa. This means foreign online casinos and unlicensed lotteries cannot be advertised in any media accessible in South Africa. Media companies have been reminded not to carry such ads. Targeting and Content Restrictions Advertisements must not be aimed at minors or other vulnerable groups. For example, no cartoon charac- ters or youth-oriented imagery in gambling ads, and no placement of gambling ads in children’s TV slots or the vicinity of schools. Ads should also not depict Ads cannot misrepresent the odds of winning or the nature of gambling. They should not create an impres- sion that skill can control a chance game, or that “eve- ryone wins” or that gambling is a guaranteed way out of financial trouble. Tone and Messaging Advertising should not portray gambling as overly glamorous or as a solution to problems. minors gambling. Misleading Claims • Time watershed and placement – while not law yet, an emerging norm is to restrict gambling ads on broadcast media to late-night hours. • Influencer marketing rules – as noted, using influencers (who might have under-18 followers) is being looked at. Expect rules like influencers must be 25+ and must not present gambling as easy or certain. • Sponsorships – sports sponsorship by betting firms is prevalent. While not “advertising” in the classic sense, it falls under marketing. Regulators have not banned it, but teams and operators must ensure the branding does not appear on youth team kits, etc. A derivative of the issue is the spon- sorship of local teams by outright illegal offshore casinos, which is rightfully receiving much criticism from licensed operators. • Required warnings – every advert must carry a short, mandatory responsible gambling warning.
The ARB is a key body overseeing advertising stand- ards across industries, including gambling. It is a self- regulatory organisation funded by industry and media stakeholders. The ARB’s Code of Advertising Prac- tice contains rules that gambling advertisements must adhere to (eg, regarding truthful messaging, and pro- tecting minors). While the ARB cannot impose legal penalties, it can order an ad off the air or out of print, and its rulings are respected by most media outlets, They can act against their licensees via disciplinary proceedings if advertising breaches occur. Some pro- vincial laws explicitly require that any advertising by licensees be pre-approved by the board or at least follow the law, giving them jurisdiction. Consumer Protection Bodies The National Consumer Commission (NCC) could the- oretically intervene if gambling advertising is mislead- ing or constitutes an unfair business practice, under the Consumer Protection Act. In practice, complaints typically go through the ARB rather than the NCC. Current Developments so it has impact and reach. Provincial Gambling Boards The ARB, in collaboration with the NGB, has drafted a new consolidated gambling advertising guideline (as an appendix to the ARB Codes). This is slated for release for public comment in January 2026. It is expected to stipulate times, media and modes for advertising in greater detail. 9.2 Definition of Advertising The definition of advertising follows the guidelines stipulated by the ARB without any specific definitions in the gambling statutes themselves. 9.3 Key Legal, Regulatory and Licensing Provisions See 9.1 Regulatory/Supervisory Agency .
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