IMGL Magazine July 2023

ADVERTISING AND MARKETING

with gambling are vital to counteract this issue. Companies must work closely with influencers to promote responsible gambling practices, provide accurate information about odds and dangers, and encourage healthy gaming habits. Using tools like Twitch’s IC4U allows advertisers to track the numbers of the campaigns carried out by the influencers, the sums of money spent, the length of time influencers played for and the products through which they actually gambled. This tracking is vital when it comes to anticipating any behaviors that would be likely to incentivize the audience to play in a non-responsible way. Deceptive Advertising: Failure to disclose sponsorship or a commercial relationship with a brand may mislead consumers and breach advertising regulations. Clear and conspicuous disclosures are essential to maintain transparency and consumer trust. Gaming and gambling companies must educate influencers as to the importance of disclosure and monitor their activities to ensure compliance. Social Media Platforms: Influencers predominantly operate on social media platforms, which have their own policies and regulations. Understanding the terms of service, privacy rules, and content guidelines is necessary to avoid account suspension or legal consequences. Companies and influencers should be

fully informed as to platform-specific regulations and adapt their marketing strategies accordingly. On the other hand, both remote gambling operators and advertisers have a social responsibility to ensure they only cooperate with influencers whose use of social media platforms promotes only suitable content, complies with Gamble Aware principles, and is non- deceptive. Ethical Considerations Influencer Authenticity: Maintaining authenticity is crucial in influencer marketing. Influencers should genuinely connect with their audience and align with the values of the gaming and gambling industries they represent. Disclosure of sponsorships and transparent communication about brand partnerships help preserve trust and credibility. In addition to this, all activities involving influencers and live streaming of gaming and gambling should be performed using ‘real money’, as the use of ‘fake money’ compromises authenticity and contributes to a discrediting of this kind of activity. The responsibility for using actual money also falls on the operators and advertisers that intermediate the relationship with influencers, being “guardians” of the legitimacy of influencers’ promotions.

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HEIDELBERG · BERLIN · FRANKFURT · MANNHEIM www.melchers-law.com

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