National Standards
A state-by-state legalization approach has produced results (at least for sports betting), but for long-term success, online gambling needs to find a way to create national standards.
Melissa: That is not how this works!
Stu: Oh, good! Because whatever this is ain’t working for me!
It’s time for national online gambling standards. Full stop. Because, in the words of Dr. Price, this ain’t working.
It hasn’t been working for a long time, and I’ve been saying this for a while. In 2018, I tweeted the following on the topic of responsible gambling:
We “need a federal RG framework. Self-exclusion is a joke. You have to go to each casino, the lottery, and so on if you want to self-exclude. Advertising should be uniform. [There is] definitely a role for the federal government to impose light touch minimum standards.”
Why do I feel this way? Everyone can set their own ceiling, but to move past the patchwork of confusing rules and regulations, we need to establish a floor everyone can stand on. Consistency is the key.
Real change in responsible gambling, advertising, and problem gambling treatment and funding will require everyone to have minimum agreed-upon standards in place.
Every market should be sustainable for operators. Every state should have funding for problem gambling treatment and research. Every consumer, regardless of state, deserves the same protection.
That can’t be done at the state level.
Most will call this a pipedream, and while it’s the longest of long shots, perhaps it’s not as far-fetched as you might imagine.
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Full of Sound and Fury
Don’t get me wrong, even in the unlikely event that one of the scenarios I outline below comes to pass; national standards could go sideways quickly. The key is “light touch.” But at the same time, they need to set objective standards.
I’m not talking about the several “national” guidelines/recommendations put forth by the AGA, NCPG, NCLGS, and professional sports leagues and media. These tend to be vaguely worded and theoretical, with terms like “urge,” “support,” and “recommend,” which allow plenty of wiggle room to ensure only the worst actors would ever overstep.
An example from The Coalition for Responsible Sports Betting Advertising: “Sports betting advertising should not promote irresponsible or excessive gambling or degrade the consumer experience.”
What is irresponsible or excessive here? What does degrade the consumer experience mean?
Another example from NCLGS: “Urges states to holistically address responsible gaming and problem gambling through a combination of prevention and harm reduction, public awareness, intervention and treatment, research, and adequate funding that address the specific measured needs of that state or jurisdiction and ensure all services are affordable, effective, and accessible for citizens who need them.”
What does holistically address mean? What is the threshold for adequate funding? How do we verify that services are affordable, effective, and accessible?
Another example from the NCPG: “Corporate policy makes a clear commitment to responsible gambling and identifies expectations for corporate leadership. The policy should seek to ensure that the prevention of gambling-related harm is included in all strategic decisions.”
What is a clear commitment? How does one ensure that prevention is part of every strategic decision?
None of these recommendations/guidelines/suggestions are measurable or hold anyone’s feet to the fire. They are platitudes that merely provide cover – hey, look, we are abiding by said organization’s guidelines.
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K.I.S.S.
A national standard doesn’t need to begin and end with responsible gambling. We need line-in-the-sand standards across the board, and I really don’t care where they come from.
The current situation is untenable. We have 30-something locales all making up their own rules for the same game. My only ask is not to lose the plot. Keep it simple, stupid. As the Sir Isaac Newton quote reads, “Truth is ever to be found in simplicity, and not in the multiplicity and confusion of things.”
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