Recommendations from IBA Counsel Dan Byron
The 2019 statute allowing sports betting starting September 1, 2019, at the professional and collegiate level at Indiana casinos and state-wide mobile sports wagering; provided however, that these sites first obtain a license to do so from the Indiana Gaming Commission. (The first such license is a temporary certificate of authority to be followed by a permanent such certificate after a thorough vetting of the site.)
“Stations can commence accepting ads from any licensed entity and the station merely needs to ask the advertiser whether they currently have a temporary license to offer sports wagering in Indiana — and I suggest that you ask that they show proof of that though this is being fully fail-safe,” says Bingham Greenbaum Doll attorney Dan Byron.
“As for the ads themselves, the Commission suggests you (1)state somewhere in the ad that this wagering applies only for those persons 21 years of age or older, and (2) also include language concerning responsible gaming. That ‘boilerplate’ language can be provided by any gambling advertiser.”
Byron says that other these two strong suggestions, there is no other requirement as to the content of the sports betting ad. There are no FCC Rules and no Federal requirements regarding such ads — other than to avoid knowingly false advertising.
“Of course you should also consult your station attorney in the event you have further questions. If you want to see the list of Indiana Casinos who currently have a temporary license you can go to the Indiana Gaming Commission website and click on the Sports Wagering Licensing tab. This site will be updated as each new temporary license is granted,” Byron explains.
