A pair of bills filed in New Jersey would not only introduce new restrictions on where gambling can be advertised but also mandate a study of how the language used in ads affects bettors.
Assemblyman Clinton Calabrese and Assemblywoman Garnet Hall’s Bill A5562 was reported favorably out of the Assembly Tourism, Gaming and the Arts Committee on May 8 and is awaiting second reading in the full chamber. Sen. John McKeon and Sen. Renee Burgess’ S4366 introduced a companion piece to a committee in the Senate on May 12.
The bills propose banning gambling advertising in or close to schools or colleges as well as prohibiting marketing in any media that “predominantly” targets people aged under 21.
The stated aim is to, “deter illegal or irresponsible gambling, challenge perceptions of gambling and encourage the use of responsible gambling tools.” A lot of the language is vague, and appears to mostly relate to physical advertising such as billboards and signs while not taking into account the likes of social media or other technological platforms.
A de facto ‘approved words’ list
The state Division of Gaming Enforcement (DGE) would be required to arrange a study to determine “the effectiveness of various words and phrases” used in advertisements for casino games and sportsbooks, with the aim of ensuring that responsible gambling advertising actually has the desired impact.
In essence, the DGE would develop a list of key words and phrases at least some of which must be included in gambling ads for the purposes of advancing responsible gaming messaging.
In particular, the study would consider questions including:
- Whether certain words or phrases are more likely to cause gamblers to bet responsibly
- How to best place words and phrases in different locations on an advertisement to best draw people’s attention
- Whether the size and formatting of the font has an effect on how the message is received
- Whether different messages would be more effective in reaching problem and vulnerable gamblers
- Whether repeated use of the same words and phrases diminishes their effectiveness
The DGE would publish its findings on its website and would be tasked with taking action based on the conclusions of the study. The bill specifies that one potential course of action could be for the DGE to develop between three and 10 key phrases to be used in casino gaming and sports betting ads across the Garden State.
The division would then adopt regulations that require at least one of the determined words or phrases to be included in gambling advertisements for casino games and sports pools “at a frequency that optimizes their effectiveness.”
Other NJ ad bills in play
These companion bills aren’t the only gambling advertising-focused legislation to have been filed in New Jersey this year.
Assemblyman Brian Bergen introduced Bill A5207 in January, which aimed to ban the “posting, distributing, broadcasting, or disseminating” of any online ad related to sports betting, as well as marketing shared via any web-based platform on a mobile device. That bill was referred to the Assembly Tourism, Gaming and the Arts Committee in January but has had no further action.
Nor is this bill the only piece of gambling legislation with Calabrese’s name on it making progress in the New Jersey legislature in recent days.
The Tourism, Gaming, and the Arts Committee advanced his Bill A5447, which would ban online sweepstakes casinos as part of a crackdown on unauthorized gambling, by unanimous vote last week. That bill next heads to the Assembly Consumer Affairs Committee.
