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For poker collusion and bot use, recommended contractual provisions allow operators to redistribute illegitimate winnings to affected players. The guide noted that courts have validated such actions when supported by robust data.

The ANJ has called for operators to provide proof rather than act on suspicion alone. The guide outlined the types of evidence and “converging indicators” (faisceaux d’indices) that French courts have accepted in previous litigations, including IP addresses, device logs and connection timings.

Operators were encouraged to take several practical steps, including enhancing terms and conditions, maintaining robust evidence and uptaking technical standards.

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The policies in question do not mention the practice of responsible gaming and do not detail other legal and regulatory obligations. They also do not specify the resources used to validate certifications, monitor licences and content, identify irregular practices and operators, or apply moderation measures. 

The absence of governance policies aligned with current regulations and Instagram’s algorithmic recommendations reveals not only an ecosystem that fuels gambling as an alternative to work, but above all, points to a systemic risk in which Meta is a major player. This risk can only be effectively addressed by expanding the obligations of digital platforms.

In this sense, it is necessary to expand the regulatory norms of the SPA and the National Data Protection Agency, beyond transparency reports and the mandatory removal after notification of official administrative decisions, but also with the mandatory inclusion of social and technological resources for monitoring, identifying and moderating this ecosystem.

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Misleading messages: Messages that present betting as a risk-free activity, a source of income, a financial solution, a sure profit, a guaranteed method or a way to recover losses cannot be disseminated.

The restriction does not extend to strictly institutional communication made through the authorised operator’s own official channels, such as websites, apps, internal platform areas and customer service channels. In these spaces, information should be limited to company identification, official channels, access rules, self-exclusion and blocking mechanisms and mandatory warnings.

These channels may not contain promises of winnings, bonuses, invitations to bet, boosting or features designed to attract and retain user attention. The operator will also be responsible for the actions of affiliates, agencies, influencers, and other third parties who are paid or incentivised for commercial promotion.