Marketing: Can we advertise?

Generally, all forms of advertising related to gambling are generally restricted and prohibited in Malaysia, in both physical and virtual forms. For online advertisement, they would be governed by the CMA and the Malaysian Communications and Multimedia Content Code 2022 (the “Content Code”), and the Malaysian Code of Advertising Practice (“MCAP”). The various gaming legislations in Malaysia also address issues regarding the advertising of gambling activities, but many provisions do not contemplate the development of media advertising in the online context and are often outdated. ## i) Communications and Multimedia Act 1998 The CMA was amended in early 2025 by the CMA (Amendment) Act 2024 which came into force on 11 February 2025. The changes have been noted and inserted hereafter. Section 211 of the CMA (as amended by the CMA (Amendment) Act 2024) prohibits the provision of grossly offensive (previously only encompassing offensive content) content by content application service providers (CASPs). This provision may indirectly impact gambling activities, as they could be considered grossly offensive or menacing. Offenders face fines of up to one million ringgit or imprisonment of up to ten years or both, with additional fines of one thousand ringgit for each day the offence persists after conviction. With relevance to Section 211, Section 211A allows the MCMC to order that the CASPs’ services be suspended for a specific period if they have failed to comply with this section. Following the amendments of the CMA made under the CMA (Amendment) Act 2024, the government is said to revise the existing Content Code to reflect the amended laws. ## ii) The Content Code The Content Code has expressly deemed advertisements for products or services that are prohibited under any laws/regulations currently existing in Malaysia as unacceptable. As such, any advertisements promoting betting or gambling are not allowed. Further, Part 3, paragraph 10 of the Content Code states that companies which are in the business of gambling and betting shall adhere to the CGHA and Betting Act 1953, and other relevant legislation, rules, guidelines, and regulations governing the advertisement of gambling and betting. The Content Code, nevertheless, allows betting and gambling companies to advertise or produce messages with elements of corporate social responsibility and public service announcements through their associated charitable arm provided that the guidelines prescribed under the Content Code are adhered to. Moreover, these campaigns shall refrain from incorporating elements such as names, taglines, or logos that might suggest the gambling or betting aspects of the companies’ operations. It should be noted that the Content Code is a voluntary industry code, and compliance is not mandatory, subject to Section 99 of the CMA. Section 98(2) of the CMA provides that compliance with a registered voluntary industry code shall be a defence against any prosecution, action or proceeding of any nature, whether in a court or otherwise, taken against a person (who is subject to the voluntary industry code) regarding a matter dealt with in that code. ## iii) The Malaysian Code of Advertising Practice (MCAP) The MCAP is a code that defines the standard of advertisements and provides general guidelines for all practitioners of advertising to abide, but it covers non-broadcast media including print, outdoor and direct mail. Similar to the Content Code, it also provides for general advertising principles, where the advertisements shall be legal, decent, honest, and truthful, and should not contain anything that is false or misleading. Particularly, gambling activities, may be deemed sensitive and offensive towards the religious, political, sentimental, or racial susceptibilities of any community in Malaysia. ## iv) The Common Gaming Houses Act 1953 Further, the CGHA outlines offences related to gambling, including provisions targeting marketing and advertising. Sections 4(1)(g) and (h) of the CGHA prohibit announcing or publishing invitations to gamble, including through oral, print, or digital means. This encompasses promoting competitions where prizes depend on chance rather than skill. Thus, these Sections could be interpreted as prohibiting marketing and advertising activities related to gambling in Malaysia. Offenders may face fines ranging from five thousand to fifty-thousand-ringgit, imprisonment for up to three years, and additional fines for each gaming machine seized. Betting ## Common Gaming Houses Act 1953 For activities which do not have specific legislation or are included in the First Schedule or Second Schedule of the CGHA, please see above on the Marketing Overview. ## Betting Act 1953 Under the BA, it is an offence, to announce, exhibit or publish by any means that a place is used as a common betting house or betting information centre within or without Malaysia or in any manner invites the person to commit a breach of provision of the Act. If found guilty, the person would be liable to a fine of not less than twenty thousand ringgit and not more than two hundred thousand ringgit and shall also be punished with imprisonment for a term not exceeding five years. It is also an offence to announce or publish by any means the result of any public lottery or horse race or other sporting event. If found guilty, the person would be liable to a fine of not less than five thousand ringgit and not more than fifty thousand ringgit and shall also be punished with imprisonment for a term not exceeding two years. However, it should not be an offence where: there is an announcement in any newspaper relating to any horse race or the result if such newspaper is published under a licence issued in accordance with the Printing Presses and Publication Act 1984; it is subject to provisions of any permit granted in respect, thereof, to any public lottery promoted under any permit granted under the LA; there is a Totalizator Board established under the RTBA and the employees of such Board are acting in the course of their duties and where employees of turf club are acting as agents of the Board under any approved scheme of the Act are acting in the course of their duties. ## Pool Betting Act 1967 Under the PBA 1967, advertisements are only allowed to be carried out by the licensee, the Board or the agent. Specifically, the licensee, Board or agent can carry out the following: exhibit the name of any pool betting agency on any premises in which the agency is situated; or publish any advertisement relating to the totalisator for pool betting or setting out any list of pool betting agencies, information of any pool betting agency, rules subject to pool betting which may be received at the agency or naming the prescribed events where pool betting may be received at any agency. The Minister does have the discretion to prohibit, restrict or regulate any exhibition or publication and any person who contravenes it commits an offence and if convicted, shall be liable to a fine not exceeding five thousand ringgit. ## Racing (Totalizator Board) Act 1961 Certain advertisements relating to totalizator agencies are not unlawful. The following should not be an offence: To exhibit the name of any totalizator agency on any premises in which the agency is situated; To publish in the newspaper, any advertisement setting out any list of totalizator agencies, information of any totalizator agency, rules subject to which totalizator investments may be received at any such agency or the name of any race meeting in respect which totalizator investments may be received at any such agency. These laws will be in addition to the general provisions governing gambling activities under the CMA and the Content Code above in the Overview for Marketing. Lotteries Marketing and/or advertising of lottery in Malaysia is generally restricted in Malaysia. ## Lotteries for philanthropic purposes A person can only promote private or public lottery in Malaysia if they possess a valid permit granted by the Minister of Finance. The Lotteries Act 1952 governs the grant of permits for promotion of a lottery for philanthropic purposes only. Section 4 of the LA stipulates that the Minister of Finance may, subject to his discretion, grant a permit for the promotion of a public or private lottery to a person or society for philanthropic, religious, educational purposes, any specific work beneficial to the community or for charitable purposes. It is a strict requirement that funds raised via promotion of lottery shall not be used for purposes associated with the religion of Islam. An application for a permit under Section 4 of the LA shall be made in writing, in duplicate and in the form specified in the Schedule to the Lotteries (Application for Permit) Regulations 1953 (hereinafter referred to as “1953 Regulations”). The grant of a promotion permit shall be subject to two conditions, which are that no profit shall accrue to any individual person from the promotion of the lottery and that the entire proceeds of the lottery after deducting all disbursements as allowed in the permit including costs, expenses, and charges, shall be devoted to the purpose for which the lottery is promoted. The Minister of Finance may impose any other conditions relating to the promotion of the lottery as he thinks fit. Further, the promoter of a public lottery, on promotion of the lottery, is required to publish a prospectus of the lottery detailing the general or special purposes for which the funds raised will be applied, the amount and number of prizes offered, the number of tickets or chances offered for sale and the price thereof, the opening and closing dates for the sale or distribution of tickets or chances, the times, places and manner in which the winners shall be determined and the conditions subject to which the tickets or chances will be offered for sale. Promotion of lottery without the aforementioned permit or in violation of the permit’s conditions is unlawful and an offence pursuant to Section 10 of the LA punishable with imprisonment of up to three years, a fine not exceeding RM 10,000, or both. Abetting commission of this offence is similarly punishable. ## Lotteries for commercial purposes The Minister of Finance has no discretion under the LA to grant permits for promotion of lotteries for purposes other than those stated in Section 4 of the LA. Instead, this power is conferred on the Minister of Finance by virtue of Section 27A of the CGHA 1953 and is specific to corporations, thereby excluding individuals. ## Pari-mutuel lotteries Please see the section on “Betting Marketing” above, specifically on Section 18 of the PBA 1967. ## Horse race NFT lotteries The RTBA 1961 is generally silent on the advertisement of these lotteries, other than that provided under Section 23 of the RTBA. For more on Section 23 of the RTBA, please see the section on “Betting Marketing” above. The announcement or publishing of the result of a horse race is generally an offence under Section 6A of the CGHA, with certain exceptions provided under Section 6A(2).