Facebook Inc is one of the world’s most valuable companies. It owns Facebook, Facebook Messenger, WhatsApp and Instagram. Each one of these apps is one of the world’s top five most downloaded and each has over a billion users. It’s fair to say that if your brand isn’t visible on Facebook or its associated apps, it won’t get much traction.

Facebook and online gambling

As an American corporation, Facebook is understandably cautious about being involved in any form of online gambling, either in the USA or overseas. Shockwaves from US legislation introduced in 2006 (UIGEA) which effectively made all online gambling illegal in the USA, continue to reverberate to this day. Large US corporations remain extremely nervous about promoting any form of online gambling.

Getting approval from Facebook to advertise a gambling product

If you are advertising competitions, draws, or any other type of gambling product on Facebook, it is likely you will be asked to apply for advance approval of your advertising account. The process involves completing the Online Real Money Gaming (“RMG”) Application form and the Facebook RMG Questionnaire.

Prior written approval is required from Facebook before it will onboard advertisers offering RMG. Applicants for advertising approval must select the region where they wish to advertise and state the domain name that they intend to use. Applicants must explain in the RMG Questionnaire how they will prevent unauthorised players from accessing their website (e.g. those who are underage or outside the authorised territory) and explain how the activity is legal. For licensed gambling operators, a copy of the licence authorising the activity in that region must be supplied. Where the activity falls outside the definition of “gambling” (e.g. a skill-based game or a free draw) a written opinion from qualified legal counsel must be supplied, confirming that the activity is legal in that territory without the need for a licence.

Obtaining a written legal opinion for your gambling product

If you’re applying for Facebook advertising approval and need a written legal opinion about the legality of your product in Great Britain, we can help. We have recently advised a significant number of clients whose advertising accounts have been turned back on, following receipt of our written opinion by Facebook.

We can also review your website from a commercial perspective and can review your terms and conditions and marketing, to ensure that your activity is compliant with consumer legislation and advertising codes.

Please contact Richard Williams on richard.williams@keystonelaw.co.uk for advice on Facebook advertising and any other gambling issue of this nature.

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This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.