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New gambling rules deal major blow to betting firms and broadcasters

Published in the Kenya Gazette, the regulations require every gambling advertisement to receive approval from the Gambling Regulatory Authority (GRA) before it can be aired, published or distributed. They also...

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New gambling rules deal major blow to betting firms and broadcasters

The government has launched one of its toughest crackdowns on the betting industry yet, introducing strict regulations that will change how gambling companies advertise, promote their products and operate in Kenya.

The new rules target everything from television and radio adverts to celebrity endorsements and outdoor marketing, with betting firms, broadcasters and advertising agencies all facing fresh legal obligations and tough penalties for breaking the law.

Published in the Kenya Gazette, the regulations require every gambling advertisement to receive approval from the Gambling Regulatory Authority (GRA) before it can be aired, published or distributed. They also require foreign betting operators to provide Sh300 million in capital and guarantees before they can do business in the country.

The new framework bans roadshows and daytime gambling programming while also outlawing several promotional methods that have become common across the betting industry. Celebrity endorsements, testimonials and promotional jingles have all been prohibited under the regulations, with offenders facing heavy penalties.

Betting companies will also no longer be allowed to present gambling as a path to wealth, financial freedom or guaranteed success. The changes are expected to reduce the presence of gambling advertisements across television, radio, newspapers, digital platforms and outdoor advertising spaces.

Broadcast media is expected to be among the hardest hit after the regulations barred gambling advertisements from airing on television and radio between 6am and 10pm. The only exception will be advertisements shown during live sporting events.

The restrictions are likely to affect broadcasters that depend on betting companies as major advertisers, especially during sports programmes that are normally aired within the affected hours.

The regulations also place new responsibilities on media owners, broadcasters and advertising agencies. Before publishing or broadcasting any gambling advertisement, they must first confirm that it has been approved by the Gambling Regulatory Authority.

Every gambling advertisement must also be classified by the Kenya Film Classification Board before it is aired, published or shared. Failure to comply could result in criminal penalties, including a fine of up to Sh1 million, imprisonment for up to six months, or both.

According to the government, the new regulations are intended to shield Kenyans from the harmful effects of gambling while protecting children and other vulnerable groups from being targeted through betting promotions.

Every approved advertisement must clearly warn that gambling is addictive and encourage responsible gambling. It must also state that children are not allowed to participate in gambling activities.

In addition, every advertisement will be required to display the operator's licence number, customer care contacts and counselling helpline. It must also carry a statement confirming that the betting company is authorised and regulated by the Gambling Regulatory Authority.

The regulations further ban betting companies from using celebrities, influencers or previous winners to promote gambling products. Advertisements must not present gambling as an investment, a dependable source of income or a shortcut to financial success.

They also prohibit misleading messages, content designed to attract minors and promotional tactics that have become common in betting campaigns.

Outdoor gambling advertisements have also been heavily restricted under the regulations, which have already been tabled in Parliament for ratification.

Only electronic or digital billboards will be allowed to display gambling advertisements, and operators will be limited to a maximum of two displays every hour. The advertisements must also not be placed within 200 metres of schools, places of worship or children's recreational facilities.

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