Online gambling in Argentina: 24 jurisdictions within one regulatory maze

How is gambling advertising regulated today in Argentina?

Argentina is a federal country where gambling regulation is a “non-delegated competency” belonging to provinces. There’s no national-level advertising regulation – each jurisdiction has different frameworks that keep changing. For example, the City of Buenos Aires has Law 6,330 addressing advertising topics.

The only national involvement is through telecommunications law, requiring media outlets to verify that betting/gambling advertisers have proper authorisation to operate.

So responsibility falls on media outlets?

Partly, but also on companies that must adjust their advertising policies to different provincial regulations. During the FIFA Club World Cup, betting house advertisements showed three logos from different regulators and three responsible gaming messages, because each province has its own requirements.

Is there a lack of unity in regulatory matters?

There is a lack of coordination, which is typical when dealing with inter-jurisdictional online gambling that doesn’t recognise geographic limits, but Argentina’s structure confines it to each province. You cannot access a licensed page from Ciudad de Buenos Aires if you’re in Buenos Aires Province, and vice versa.

What role do influencers play in promoting gambling platforms?

Last year, ALEA (Association of State Lotteries of Argentina) conducted a study showing that minors primarily access gambling through influencers, not through football advertisements or team jerseys. Since minors can only access illegal sites, which represent over 90% of the Argentinian market, influencer responsibility becomes central for responsible gaming messages and regulatory compliance.

There is widespread confusion in society about what is legal: most people cannot tell a legal site from an illegal one, even though in Argentina legal sites end in .bet.ar, while illegal ones do not

Where does influencer responsibility lie?

Legal companies conduct background checks on influencers, with some refusing to hire those who previously promoted illegal sites. Companies have due diligence obligations when hiring influencers.

Influencers must consider which side they position themselves on. In Argentina, gambling is either authorised or prohibited; there is no gray area. Promoting illegal activities can also risk affecting their other clients.

It is key because, as a major factor in raising awareness about gambling among younger audiences, influencers must support the responsible gambling message and comply with advertising regulations. Regulations follow international best practices: promotions must present gambling as entertainment, encourage responsible participation and provide access to help if gambling affects mental health, relationships or finances.

Do you see resistance to gambling promotion?

There isn’t resistance per se, but opinions are divided due to a lack of knowledge. Many digital media outlets claim “we don’t receive gambling money” as a moral standard, but they do not distinguish between legal and illegal gambling. There is widespread confusion in society about what is legal: most people cannot tell a legal site from an illegal one, even though in Argentina legal sites end in .bet.ar, while illegal ones do not.

Prohibited practices include downplaying the value of work relative to gambling, promising wealth through gambling, or suggesting gambling to pay debts. For example, cases of influencers advertising paying for dates with gambling winnings drew strong societal reactions and were quickly corrected.

Should these cases be sanctioned?

Sanctions aren’t ideal because the goal is regulatory compliance and ecosystem sustainability. Every incorrect gambling advertisement threatens the sector generally, as people don’t distinguish between legal and illegal gambling.

During the FIFA Club World Cup, betting house advertisements showed three logos from different regulators and three responsible gaming messages, because each province has its own requirements

Argentina has limited regulatory tools against influencers. Some jurisdictions like Ciudad de Buenos Aires have contraventional codes criminalising advertising, but penalties are just fines with limited deterrent value.

Ciudad de Buenos Aires recently pursued a major case against influencers advertising illegal gambling, which significantly reduced illegal gambling advertisements and clarified that companies are either legal or illegal in Argentina.

How should the country act regarding regulation going forward?

The sector faces a major challenge: it talks to itself without transcending to ordinary society. The visibility of minor gambling problems – reflecting market channeling deficiencies since minors only access illegal sites – gives the sector opportunity to communicate that the real problem is channeling and fighting illegal gambling.

Another challenge involves homogenising guidelines – currently there are three responsible gaming messages and phone numbers, contaminating advertising. ALEA initiated a code of good practices that could be adopted more normatively by jurisdictions.

Solutions must emerge through agreements between provinces, not National Congress regulation. The federal system works, but requires coordination through federal institutions like ALEA.

What can Congress do?

Congress can regulate criminal matters, not gambling regulations themselves. The bill, with partial approval in November, 2024, established licensing conditions and advertising restrictions – all provincial competencies, not congressional ones.

Congress could correct the Penal Code and give ENACOM tools for administrative blocking. Despite Article 301 bis declaring unauthorized gambling illegal, there’s resistance citing network neutrality principles.

Do legal companies have a responsibility for changing public perception?

It requires joint public-private sector work. Companies do much but face media skepticism about “sector lobbying.” What exists isn’t lobbying but information about potential consequences of discussed measures.

The sector faces a major challenge: it talks to itself without transcending to ordinary society

The bill issue exemplifies this – it poorly focuses on companies representing less than 10% of the market while neglecting that 90% of demand flows through illegal sites that don’t validate data, check age, or pay taxes.

Today’s problem is channeling and illegal gambling. Congress needs to provide institutional actors with tools to act with the speed of the internet. You can’t wait 3-4 weeks to block sites that create mirrors within 24 hours.

What concrete measures are needed?

Give ENACOM more administrative blocking tools and create dynamic mechanisms. Interaction with ALEA is crucial – they can definitely determine if sites have authorisation.

Previously, justice systems couldn’t verify if blocked sites were authorised elsewhere. ALEA overcame this obstacle by providing reports showing no jurisdiction authorised them. It’s a long road where legal gambling always lags behind, but continuing this fight is important for system sustainability and the sector’s online sustainability, which generates significant country investment and economic activity.

This isn’t being pro-gambling – it’s being pro-society. Society benefits from regulated entertainment offers. Prohibiting activities that always existed favors illegal offerings.

Botta was speaking to Gambling Insider as part of our Sports Betting Focus cover feature. You can read the full examination of influencer culture within Argentinian gambling here.