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“Considering that the regulated market has only been in place for just over two years, its implementation has been very positive,” she declares.

“Looking back over the past two years, the regulation has achieved its primary objective: creating a safer and more transparent market. It has established common standards for all licensed operators, particularly around KYC, AML and responsible gaming, ensuring that customers receive a more consistent experience regardless of the platform they choose.”

Atucha praises the regulation and the regulators themselves for making entry into the market easy, as well as allowing them to be competitive against illegal operators. But the market hasn’t been without its challenges.

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Here, advertising for online betting sites is positioned differently. Presented as news, the content talks about the highest odds on the market, features offered by operators, regulatory changes and various cases of bettors, ranging from those who made huge financial gains to those who lost everything. 

It is very common among the different profiles identified to refer to regulatory bodies, such as the National Advertising Self-Regulation Council and SIGAP (Brazil’s betting management system). They also speak of responsible gaming in a generic way. In many cases, this is associated with illegal operators and potentially irregular advertising practices.

In this context, the regulations developed to protect players begin to function as a means of legitimisation, with illegal operators even using the term “authorised” in their communication and the “.bet” extension in their domain, which is intended only for licensed operators.

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“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.

He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.

“The Commission’s approach to reporting may well create the inaccurate impression that the industry is inherently non-compliant,” he adds. A more balanced account might place failures alongside the majority of licensees that pass assessments or lead on customer wellbeing, although Waugh considers such a shift unlikely.