When Ontario launched its competitive iGaming market in April 2022, the Alcohol and Gaming Commission of Ontario (AGCO) published a set of Registrar's Standards that govern nearly every aspect of how licensed operators conduct their business in the province. Among the most consequential — and most actively enforced — sections of those standards are the rules governing advertising and marketing.

The advertising provisions have been updated twice since the market's inception, with the most recent revisions coming into effect in February 2024. The cumulative effect of these changes has been a progressively tighter framework that seeks to balance the commercial interests of operators with the public interest in reducing harm to vulnerable populations — particularly young adults and individuals at risk of problem gambling.

Prohibition on Targeting Under-18s

The foundational rule is the prohibition on advertising that targets, or could reasonably be expected to appeal primarily to, persons under 18 years of age. This means operators may not use creative elements — imagery, characters, themes, or language — that are associated with youth culture, children's entertainment, or educational content in their marketing materials.

The prohibition extends to digital advertising placements. Operators and their agency partners are expected to use age-targeting tools available on digital advertising platforms to exclude audiences under 18, and to avoid purchasing inventory on platforms primarily used by minors. The AGCO has not specified precise technical implementation requirements, but its compliance monitoring has targeted cases where advertising appeared on platforms popular with younger audiences.

Responsible Gambling Messaging Requirements

Every advertisement produced by a registered iGaming operator — whether broadcast, digital, out-of-home, or print — must include a responsible gambling message. The specific wording and format requirements specify that the message must be clearly legible, must not be obscured by other creative elements, and must include a reference to responsible gambling resources or a link to the iGAS self-exclusion program.

AGCO has published guidance on acceptable responsible gambling messaging, including pre-approved language that operators may use to ensure compliance. Operators who choose to use custom messaging are expected to ensure it meets or exceeds the clarity and prominence requirements of the pre-approved text.

Celebrity and Athlete Endorsement Restrictions

One of the most prominent and frequently discussed provisions of AGCO's advertising standards is the restriction on celebrity and athlete endorsements. Specifically, operators may not use individuals who are, or could reasonably be perceived to be, under the age of 25 in advertising for iGaming services.

This rule effectively prohibits the use of active professional athletes who are under 25 — a restriction that has significant commercial implications given the sports wagering nature of a major portion of iGaming activity. In 2023 and early 2024, AGCO issued compliance notices to multiple operators whose advertising featured athletes or public figures who appeared to be under the threshold age.

The restriction does not constitute a blanket ban on athlete endorsements. Active professional athletes who are confirmed to be 25 or older may appear in operator advertising, subject to all other advertising standards requirements, including responsible gambling messaging and the prohibition on misleading claims about odds or outcomes.

Social Media Guidelines

AGCO's standards address social media specifically, recognizing that digital platforms present distinct challenges for age-based targeting and content control. Operators who maintain social media accounts in connection with Ontario marketing are required to implement age-gating where technically available, to use platform audience targeting tools to exclude users under 18, and to ensure that all content shared meets the advertising standards requirements.

User-generated content presents a particular compliance challenge. AGCO has indicated that operators bear responsibility for the conduct of accounts or content creators with whom they have a commercial relationship — a principle that extends to affiliate marketers who promote operator products on social media platforms.

Restrictions on Bonus and Promotional Claims

The standards impose specific obligations on how operators may advertise bonuses, promotions, and welcome offers. The key requirements are: all material terms and conditions of a promotion must be clearly and prominently disclosed; claims about the value of a bonus must not be misleading; wagering requirements and restrictions must be presented in accessible language; and operators may not advertise offers that have expired or that are not genuinely available to the target audience.

These requirements have proven to be a source of ongoing compliance challenges. Several of the compliance notices issued by AGCO in 2023 and early 2024 related to bonus advertising that either failed to disclose material conditions or presented promotional values in a manner that was found to be misleading when assessed against the actual terms and restrictions attached to the offer.

Consequences of Non-Compliance

Under the Gaming Control Act, 1992, AGCO has the authority to issue compliance notices, impose conditions on registrations, suspend registrations, and revoke registrations in cases of serious or repeated non-compliance. The Act also provides for monetary penalties, though AGCO has not publicly disclosed specific fine amounts in individual cases during the current market period.

Operators are also contractually obligated to comply with advertising standards under their Operator Agreement with iGaming Ontario. A material breach of that agreement, including persistent non-compliance with advertising standards, could result in contractual remedies including termination of the Operator Agreement — effectively a permanent exit from the Ontario market.

Recent Enforcement Trends

Public data from AGCO's enforcement register shows that advertising standard breaches have been the most common category of compliance concern in the first two years of the competitive market. AGCO has publicly stated that it considers advertising compliance a priority enforcement area, citing the volume of operator marketing activity directed at Ontario residents and the social harm potential of non-compliant advertising.

Industry participants generally report that compliance departments have substantially increased headcount and investment since the market launched, reflecting the operational complexity of managing multi-channel advertising programs within the Ontario regulatory framework while simultaneously meeting the advertising requirements of other jurisdictions in which they operate.