The Betting Control and Licensing Board (BCLB) is set to regulate and restrict online betting advertising
The High Court has issued a directive to the Betting Control and Licensing Board (BCLB), instructing them to enforce the cessation of the use of the speed dial feature on browsers for online advertising by gaming operators. The consent, endorsed by High Court Judge Lawrence Mugambi, outlines an agreement among the involved parties that gaming operators should immediately discontinue the utilization of this feature. This directive remains in effect while the primary petition lodged by the Consumers Federation of Kenya (Cofek) awaits a final determination.
A browser speed dial is a visual compilation of entries derived from a user’s most frequently visited pages within a specific browser. These entries manifest as thumbnails, and upon selection, they provide a direct link to the respective pages.
The regulatory body had issued a warning to gaming firms in the previous year, instructing them to discontinue the use of the speed dial feature. This warning was grounded in the observation that betting services were being prominently displayed without appropriate consideration for the age, vulnerability, and diverse characteristics of internet users.
Justice Mugambi has now formally directed the Betting Control and Licensing Board (BCLB) to enforce the cessation of the utilization of speed dials by all gaming operators. The case is scheduled to be heard on May 9 to address and resolve other issues that were not covered in the consent agreement.
The Consumers Federation of Kenya (Cofek) filed a lawsuit against several entities, including the Betting Control and Licensing Board (BCLB), the Communications Authority of Kenya (CA), the Ministry of ICT, the Office of the Data Protection Commissioner, and the Competition Authority of Kenya (CAK), among others. The legal action was taken in response to concerns regarding the predatory use of speed dial features.
Cofek contended that the speed dial functionality on various browsers was being exploited for the promotion of betting, lottery, and gaming activities, as well as the dissemination of related information. The lobby argued that this practice posed a significant risk to consumers, particularly minors.
In the petition, the organization asserted that the named respondents have both individual and collective responsibilities to regulate the internet. However, it alleged that these entities have either neglected or ignored their regulatory duties, allowing for the proliferation of unlimited, invasive, and uncensored predatory advertisements.
The petition further highlighted the unprecedented growth of the gambling sector, attracting private investment and leading to the establishment of numerous companies, as evidenced by the issuance of numerous licenses by the BCLB.
The lobby contends that the unregulated nature of the speed dial feature poses a significant risk to individuals, including children, who access browsers in the context of the increasing prevalence of technology.
In an affidavit, Cofek Secretary General Stephen Mutoro emphasized that the Betting Control and Licensing Board (BCLB) Board, along with other respondents, bears both a moral and legal obligation to facilitate the promotion of access to information that is accurate, unadulterated, and devoid of manipulation.
