Three lobby groups have gone to court over the increased advertising of gambling, betting, gaming and lottery in the media during the 5am to 10pm watershed period.
The African Centre for Corrective & Preventive Action (ACCPA), Stand Against Gambling Addiction and the Centre for Accountability Reform and Democracy – claim that various media organisations (radio and television stations) have recently been promoting and advertising gambling during their daily programmes.
They have sued the government for allegedly failing to regulate gambling advertisements.
“There has been a mushrooming of betting, lottery and gaming companies and operators who utilise modern telecommunication platforms. The proliferation has led to unhealthy competition and a race to the bottom. The resultant cut-throat competition has driven many into engaging children as part of their clientele, marketers and influencers of betting, lottery and gaming, contrary to the law,” says the groups in the court papers.
They say the proliferation of gambling companies and increased advertising in the media is likely to expose children to financial ruin.
In the petition, they allege that government agencies such as the Betting Control and Licensing Board and the Communication Authority of Kenya have neglected and failed to prevent the broadcasting of gambling-related programmes at times when children are likely to watch or participate, contrary to the law.
The public interest litigation was filed in the Milimani High Court in Nairobi. It alleges that the authorities have allowed gambling operators to contravene the law by advertising their activities in the media during the watershed period.
“The open advertising of betting, lottery and gaming activities and the dissemination of related information to minors in contravention of the Enabling Act poses a grave risk to the life, health and welfare of children in the country. The involvement or participation of minors in gambling endangers their health, safety and socio-economic interests. There is an imminent danger of losing a generation to gambling and other related social ills,” the petition reads in part.
Through lawyer Mbiyu Kamau, the groups want the court to issue an interim order restraining the broadcasting of gambling related programmes and advertisements during watershed periods pending the determination of the petition.
They also want the court to suspend the granting, renewal and operation of licences to broadcasters who air gambling related programmes and advertisements during watershed periods.
They also want the court to suspend the issuance and renewal of gaming licences pending a legal and regulatory audit and compliance report.
The petition seeks the enforcement of provisions of various laws that regulate the broadcasting and gaming sectors. These include the Betting, Lotteries & Gaming Act, the Children Act, the Consumer Protection Act and the Kenya Information and Communication Act.
“The respondents have neglected and or failed to carry out their obligation to ensure compliance with the enabling statutory law and regulate the gambling sector effectively. They have failed and neglected to put effective mechanisms to enable persons affected by gambling addiction, either directly or indirectly, to access the necessary treatment and restitution for damage incurred,” reads the petition.
According to the petitioners, the government’s alleged failure to enforce the legal prohibitions on child gambling may contribute to creating conditions that are likely to lead to the crisis of “child gambling disorder”.
The petition is awaiting a hearing.
