Ethical responsibility of gambling advertising in Mexico

In the age of digital marketing, influencers have become key players in advertising strategies across industries, from beauty and tech to financial products, online gaming is no exception at all. While influencer marketing presents exciting opportunities for brands, it also raises critical legal and ethical questions, particularly when the products being promoted involve risk-taking activities, such as gambling. In Mexico (as in other Latin America countries), this issue has become relevant, as influencers increasingly promote online gambling platforms with limited regulatory oversight. The result is a legal gray area where transparency requirements coexist with major enforcement gaps, especially concerning the protection of minors and vulnerable populations. 

Influencers & advertising: What the consumer law says 

In Mexico, influencer marketing is generally regulated under the Federal Law on Consumer Protection (Consumer Law). Article 32 of the Consumer Law requires that all advertising must be truthful, verifiable and not misleading. This provision applies to any advertising medium, including digital platforms and social media. To complement this, the Guide for Advertising by Influencers (guidelines), issued by the Federal Bureau for Consumer Protection (PROFECO) provides practical instructions and best practices standards that aim to increase transparency in influencer-generated content. 

According to the Guidelines, when an influencer publishes content promoting a product or service – including reviews or shout-outs – and receives any form of compensation or benefit in return, such content is classified as advertising. As a result, it must comply with specific requirements, such as using designated hashtags and ensuring that disclosures are clear, visible and easy to understand. Additionally, the information provided must be accurate, verifiable and free from misleading or exaggerated claims. 

These measures aim to help consumers make informed decisions and prevent deceptive marketing practices. However, while the guidelines encourage influencers to verify that the promoted product or service complies with applicable regulatory requirements, the current framework presents significant gaps regarding gambling-related advertising, as no specific rules or safeguards have been established for this specific content (or rather marketing to promote bets) created by influencers. 

Gambling advertising under Mexican law: A limited reach? 

The regulations to the Federal Law on Games and Drawings (gaming regulations) establish specific rules regarding how gambling activities may be promoted. For instance, all gambling-related advertising must:  

Yet, the above-mentioned provisions on gambling advertising were conceived at an embryonic stage of the hyper-digitalized world we live in today, when advertising channels were primarily limited to radio, TV, print and billboards. The rise of the internet, particularly social media, has rendered many of these rules difficult to apply or enforce effectively. Influencer content is often casual, ephemeral (e.g. Instagram Stories) and decentralized. As a result, it is naive to think gambling operators might not be tempted to circumvent the more stringent advertising requirements imposed by the Mexican legislation by contracting influencers who promote their platforms in a less explicit, but perhaps more impactful manner.  

However, although the gaming regulations do not explicitly address influencer marketing or social media promotions, the harsh reality is that this omission creates legal uncertainty for everyone: players, influencers and operators, while limiting the ability of PROFECO and the Mexican gaming regulatory body, the Ministry of the Interior (SEGOB), to monitor and enforce compliance. 

And why not say it? In our opinion, one of the most pressing concerns with influencer-driven gambling advertising should be its potential impact on minors and vulnerable individuals. Social media platforms like TikTok, Instagram and YouTube are heavily populated by underage users, many of whom follow influencers who share lifestyle content, gaming reviews or financial advice. 

Despite this, there are no specific safeguards under current Mexican law to prevent influencers from exposing these audiences to gambling content. This regulatory void increases the risk of distorting healthy entertainment behaviors among youth and other smaller but not less important groups, such as problem gamblers.  

Enforcement challenges in the digital age 

Even where legal obligations exist, enforcement remains a major hurdle. PROFECO, while proactive in issuing the guidelines, lacks sufficient resources and technological tools to effectively monitor the full spectrum of influencer content. The burden of compliance therefore falls on the influencers themselves, many of whom may be unaware of the legal nuances or fail to disclose their sponsorships adequately. 

Additionally, enforcement is complicated by the cross-border nature of online gambling. Neither influencers nor operators are penalized for advertising platforms that run without a permit granted by SEGOB unless a consumer files a formal complaint, and even then, the outcome is uncertain. This impunity not only undermines the regulatory environment but also creates a market disadvantage for licensed operators who comply with the law and follow responsible marketing practices, compared to those who operate in the shadows of illegality without a SEGOB Permit.  

Industry dilemmas: Reaching niches vs. staying compliant 

For operators, influencer marketing presents a double-edged sword. On one hand, it can offer direct access to niche audiences – esports fans, crypto users or high-income young adults – at a fraction of the cost of traditional advertising. On the other hand, it increases the legal and reputational risk of noncompliance. 

Some operators may try to mitigate this risk by including contractual clauses requiring influencers to comply with advertising regulations and disclose their partnerships. However, in our experience, this approach is only as effective as the influencer’s understanding and willingness to comply. Furthermore, without a robust enforcement mechanism or official guidelines tailored to gambling promotions on digital platforms, these contracts offer limited protection. 

There is also the question of due diligence: should operators be responsible for verifying that influencers avoid targeting minors? Should they vet the content before it goes live? The current legal framework does not provide clear answers, leaving both brands and influencers to navigate an uncertain compliance landscape. 

Conclusion: Towards a more accountable model 

Mexico’s current legal framework for influencer advertising, anchored in Consumer Law and the Guidelines, offers a foundation for regulating almost any commercial digital content. However, when it comes to gambling advertising on social media, the law falls short of the enormous scope and complex technological intricacies of the digital media ecosystem. 

The absence of targeted protection for minors, the lack of enforcement mechanisms against illegal operators and the outdated scope of advertising regulations (especially with regard to gambling) could engender a perfect storm of legal ambiguity. If Mexico intends to foster a safer and more responsible gambling environment, our authorities and lawmakers must adapt to modern advertising trends and close the existing gaps. In the meantime, operators, influencers and consumers alike must exercise greater caution. Transparency is only the first step; true accountability is needed to ensure ethical standards. 

Mexico must move toward specific regulation for influencer-driven gambling promotions, ideally through coordinated efforts by SEGOB and PROFECO. This includes establishing safeguards to protect vulnerable segments of our society, encouraging operators to take responsibility for ensuring their affiliates promote only authorized platforms and strengthening enforcement mechanisms through diligent monitoring and complaint processes. Education and outreach are also essential so that influencers understand the legal implications of their content. 

In a digital world where one post can reach millions instantly, ethical and legal responsibility can no longer be optional. 

Beth Turner

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