Advertising internet gaming or internet betting is prohibited by the Criminal Code. However, advertising a website that is missing one of the essential elements of gambling (consideration, chance, or prize) may not be considered gaming under the Canadian Criminal Code. This type of website is known colloquially as a “.net” website.
Under this framework, which has been accepted by Canadian broadcasters, as long as a “net” site complies with certain terms and conditions, Canadian broadcasters will permit advertising of such “.net” website. In order to conduct such advertising, you will be required to provide a legal opinion and an undertaking letter stating that your website is “for amusement purposes only with no opportunity to gamble for real money or money’s worth, that there are no links to illegal sites and there will be no contact made with users to promote any illegal sites”.
Jack works with Canadian advertising agencies and internet gaming operators to provide the legal opinion required by Canadian broadcasters and to ensure that operators are informed about their legal requirements. For example, Jack will review your website to ensure it complies with the “.net” requirements, advise you of any necessary changes, and draft the legal opinion required by Canadian broadcasters. Jack can also assist you throughout the process of submitting your television advertisement.