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Look for a commercial relationship or marketing arrangement: payment, free or discounted benefits, a business or personal connection to the gambling operator, or a referral link or code that earns commission. Then check whether the relationship is disclosed clearly beside the endorsement—and, for video or livestreams, within the content itself. An affiliate link or betting promo code can indicate advertising, but a gambling-related mention is not automatically an ad. The legal test depends on where the content and audience are located.
How can you tell if a gambling post is an ad?
Use this checklist to assess the post and its format. The presence of a signal does not by itself settle every legal question, but it can show that the influencer has a commercial connection viewers should know about.
- Look for a relationship: Was the influencer paid, given a free or discounted benefit, employed by the operator, or otherwise connected to it? Do they own part of the business? US Federal Trade Commission (FTC) guidance treats financial, personal, family, and employment connections as potential material connections that should be disclosed when they could affect how viewers evaluate an endorsement. FTC guidance.
- Check links and codes: A personalized referral link or promo code may earn the influencer commission when someone clicks, signs up, or makes a qualifying transaction. In the UK, the Advertising Standards Authority (ASA) and Committee of Advertising Practice (CAP) say commission-based affiliate content referring to the linked product is advertising. ASA/CAP advice.
- Notice what the post asks viewers to do: Does it direct viewers to an operator, encourage sign-up or betting, or present an offer? That is a reason to check for a commercial arrangement and disclosure. In Great Britain, gambling marketing rules can also apply to affiliates acting on an operator’s behalf.
- Assess the disclosure: Is a plain label such as “Ad” or “Sponsored” easy to see alongside the endorsement, without expanding a caption, visiting a profile, or sorting through a string of hashtags?
- Check the format: In a video, story, or livestream, is the commercial relationship disclosed in the content itself? For a livestream, does the disclosure recur so people who join later can see it?
Under the FTC’s US guidance, creators should not assume followers already know about a connection. The FTC recommends simple, clear language placed with the endorsement and says a platform’s built-in disclosure tool alone may not be enough. For a video, a disclosure only in the description may not reach viewers; using visible text and spoken disclosure can make the relationship clearer. FTC social media influencer guidance.
Does an affiliate link or betting promo code mean the post is sponsored?
Not necessarily in the narrow sense of a brand paying a fixed sponsorship fee. But if the link or code earns the influencer commission, the content may still be advertising. The ASA/CAP’s UK advice says an influencer using an affiliate link or code acts as an advertiser, and content referring to the linked product counts as advertising. If the commercial intent is not already clear from context, the advice recommends a sufficiently prominent “Ad” label. ASA/CAP advice on recognising ads.
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A code can also be a tracking or promotional mechanism without revealing, on its own, the precise payment arrangement. Look for an accompanying disclosure and consider whether the influencer has another relationship with the operator. The FTC’s US approach focuses on disclosing material connections, not on whether the creator uses the word “sponsored.”
What should a clear disclosure look like?
A useful disclosure names the commercial relationship in plain language and appears where viewers encounter the endorsement. Under FTC guidance, “ad” or “sponsored” are examples of clear terms; a vague label, a disclosure buried among hashtags, or information confined to a profile may be easy to miss. The FTC’s 2023 update to its Endorsement Guides also addresses what “clear and conspicuous” means, platform disclosure tools, social-media tags as endorsements, and potential liability for advertisers, endorsers, and intermediaries. FTC announcement on the updated Endorsement Guides.
For a post, image, or story
Place the disclosure with the endorsement, where it can be noticed without extra steps. For an image or story, the FTC advises placing it over the image long enough for viewers to read it. Do not rely on a profile bio or a label that is lost in surrounding hashtags.
For video and livestreams
Put the disclosure in the video rather than relying only on the description. Spoken and visible disclosure together can reach more viewers. In a livestream, repeat the disclosure periodically so viewers who arrive partway through are not left without it.
Why gambling promotions need extra scrutiny
Gambling marketing can be subject to rules beyond general endorsement disclosure. In Great Britain, CAP Code Section 16 covers marketing by gambling operators licensed there when it is likely to promote gambling, and includes third parties such as affiliate marketers acting on an advertiser’s behalf. Its protections include restrictions on directing gambling marketing at under-18s through media or context selection. The UK Gambling Commission says gambling advertising must be socially responsible and comply with the CAP and BCAP Advertising Codes. CAP Code Section 16: Gambling; UK Gambling Commission advertising and marketing rules.
This does not mean every mention of betting is an advertisement, or that a disclosure alone makes gambling marketing compliant. Whether a post is advertising and whether it follows applicable gambling rules are separate questions.
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What the CSGO Lotto case illustrates—and what it does not
In a 2017 enforcement announcement, the FTC said the owners of CSGO Lotto allegedly promoted a gambling service they jointly owned without disclosing that ownership, and paid other gaming influencers to promote the site without requiring disclosures. The proposed settlement required clear and conspicuous disclosure of material connections. The case illustrates why ownership and paid promotion matter to viewers; it is a historical US example, not a complete statement of current gambling law. FTC CSGO Lotto announcement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Which country’s rules apply?
The FTC materials cited here describe US guidance. CAP and Gambling Commission sources describe the UK framework, including rules for Great Britain. They are not universal legal advice. The relevant requirements can depend on where the influencer is based, where the audience is targeted, and which regulator’s rules apply. If a post targets another market, check that market’s advertising and gambling regulators rather than assuming the US or UK approach controls.
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