Illegal Operators on Social Media Platforms

Request

This request relates to the Gambling Commission's oversight and enforcement activity concerning the promotion of illegal online gambling operators on social media platforms, including via influencers or content creators.

For the period 1 January 2023 to 28 January 2026, please provide:

The number of reports, complaints, or referrals received by the Gambling Commission relating to the promotion of illegal or unlicensed online gambling operators on social media platforms.

Where recorded, a breakdown of these reports by source (for example: members of the public, gambling charities, social media platforms, or other bodies).

The number of cases during this period in which the Commission took action in response to such promotion, including (where applicable):

• warnings issued
• referrals to social media platforms
• other enforcement or disruption measures

Any internal guidance, policy documents, or operational frameworks that set out how the Commission identifies, assesses, and responds to the promotion of illegal gambling by influencers or content creators on social media.

I am not requesting personal data or the names of individual influencers or companies. Aggregated or anonymised information would be acceptable where appropriate.

Response

Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).

In your email you have requested for the period 1 January 2023 to 28 January 2026, please provide:

1. The number of reports, complaints, or referrals received by the Gambling Commission relating to the promotion of illegal or unlicensed online gambling operators on social media platforms.
2. Where recorded, a breakdown of these reports by source (for example: members of the public, gambling charities, social media platforms, or other bodies).
3. The number of cases during this period in which the Commission took action in response to such promotion, including (where applicable):

• warnings issued
• referrals to social media platforms
• other enforcement or disruption measures

4. Any internal guidance, policy documents, or operational frameworks that set out how the Commission identifies, assesses, and responds to the promotion of illegal gambling by influencers or content creators on social media.’

Firstly, we must advise that the Gambling Commission are an industry regulator and not an ombudsman. In performing our role as a regulator, we aim to pursue and, wherever appropriate, have regard to, the licensing objectives and to permit gambling in so far as we think it reasonably consistent with pursuit of the licensing objectives. 

The licensing objectives, set out in the Act, are: 

a. preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime, 

b. ensuring that gambling is conducted in a fair and open way; and 

c. protecting children and other vulnerable persons from being harmed or exploited by gambling. 

We take every report of the promotion of illegal or unlicensed online gambling operators seriously so that we can review illegal gambling activity being offered to consumers in Britain.
We make a record of all information received. Where consumers share information with us that indicates a breach of our rules, that information will inform any regulatory action that we decide to take. However, the way in which we record the information that we receive changes over time in order to most effectively support our regulatory functions. 

The Commission uses a range of tools to do this. We write out to promoters of illegal lotteries to advise that activity is illegal. Where we decide to intervene, we will consider working with third parties, including website providers, social media businesses and payment providers to take down illegal activity. 

For period: 01/01/2023 – 30/01/2026, the following figures are based on ‘initial’ intelligence reporting (Initial reporting is where external or occasionally an internal source will provide information in relation to licensed or unlicensed entities/activity). The figures are also based on the following criteria:

Contains one or more of the following social media platforms:

• Facebook
• Instagram
• TikTok
• Discord
• Twitter (It is not possible to isolate reports where just “ X “ is recorded)
• Snapchat
• Reddit
• Youtube
• WhatsApp
• Twitch
• LinkedIn
• Telegram

AND, contains following search terms (including variations of) Advert / Promote All results are in relation to either unlicensed remote lottery activity or unlicensed remote operators

• Illegal Lottery – 490 reports
• Unlicensed Remote Operator – 174

It needs to be noted that a further 1895 Intelligence reports were identified in relation to unlicensed remote lottery activity and 174 in relation to Unlicensed Remote operators that featured one or more of the above social media platforms but no mention of promotion or advertising. It would not be achievable to analyse every report but the majority of this reporting will contain complaints / allegations of the facilitation of unlicensed remote gambling and could also feature promotion of some kind, although, the report itself may not make this clear.

It should be noted however that this is the number of intelligence reports generated as a result of information generated from a number of sources.

Please also note, the figure above represents the number of reports generated, not the number of raffle, prize competitions or websites reported. E.g. there may be ten reports in relation to one raffle or website.

The Commission is of the view that information held in relation to specific details of information reported, other than what is made publicly available, is exempt from disclosure under section 31(1)g of the FOIA (‘law enforcement’) and therefore will not be released.

Section 31

Section 31(1)(g) exempts information whose disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes specified in subsection (2).

The Commission considers the subsections below apply and therefore the information is exempt from disclosure:

i. Subsection 31(2)(a) refers to the purpose of ascertaining whether any person has failed to comply with the law,

ii. Subsection 31(2)(b) refers to the purpose of ascertaining whether any person is responsible for any conduct which is improper,

iii. Subsection 31(2)(c) refers to the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise.

Public interest test

The factors the Commission has considered when applying the public interest test have been detailed below.

Arguments in favour of disclosure:

• The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
• Disclosure of the requested information could demonstrate to stakeholders and relevant parties the work that the Commission is undertaking in relation to the information it receives.
• Furthermore, this disclosure may encourage stakeholders to work with us and contribute to our programme of work, increasing confidence in the Commission as a regulator and its ability to uphold the law.

Arguments in favour of maintaining the exemption:

• There is an expectation of confidence in much of the Commission’s work, particularly when discussing potential areas of non-compliance with the LCCP. It is the impact on this work of the Commission which is more likely to be affected by disclosure.
• The Commission has robust and effective processes and procedures in place which are utilised when assessing products to establish whether they fall within its regulatory remit. These procedures and processes have been put in place to minimise the risk of a product being offered without an appropriate licence.
• It could seriously impact the Commission’s investigation process, if details of what information it uses to inform its regulatory activities became known; this is strongly not in the public interest as it would impair the Commission’s ability to regulate effectively
• Disclosure of this information would also undermine the Commission's ability to uphold the licensing objectives which would impact on the trust and confidence of the public in it as a regulator.

Weighing the balance

The Commission acknowledges that there is a public interest in promoting the accountability and transparency of public authorities and the importance of having sufficient information in the public domain to support consumers with their choice of operator. However, disclosure of the information would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest. We consider that the public interest is better served by withholding this information.

Finally, in relation to question four of your request, we do not hold any formal recorded internal guidance, policy documents, or operational frameworks that set out how the Commission identifies, assesses, and responds to the promotion of illegal gambling by influencers or content creators on social media.

Further information on how the Commission tackles illegal gambling can be found on our website, here: Blog - Unlicensed Gambling – Our approach to tackling unlicensed gambling and How we tackle illegal gambling. Our guidance to licensing authorities can also be found here: Guidance to licensing authorities - Illegal gambling.

Review of the decision

If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email. 

Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.

If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission. 

It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.

The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Information Management Team
Gambling Commission