Cofek alleges that Opera has introduced a ‘speed dial’ feature that has been curated for the Kenyan market.
The feature, it argues, ensures betting services are prominently displayed, regardless of the user’s age, religion, and other diversities.
“Based on our research and consultations with line experts, we hereby confirm that browser providers, such as Opera, have introduced a “speed dial” feature, specifically curated for the Kenyan market,” Cofek protested in a letter to the Betting Control and Licensing Board (BCLB), Kenya Revenue Authority, Office of the Data Protection Commissioners, and the Competition Authority of Kenya.
“This offending feature, sponsored by betting firms COFEK Letter to BC&LB-Speed Dial Browser Aiding Betting Firms on Predatory Advertising Page 1 of 4 (your licensees), ensures these betting services are prominently displayed, regardless of the user’s age, religion and other diversities,” it added.
While guidelines for advertising media such as TV, radio, outdoor, and print are well-detailed in the BLCB’s Advertising Regulations of July 12, 2021, Cofek argues that speed dial browser internet is exempt.
The above instructions set out specific timeframes, advertising content, and context within which betting firms can advertise, with a focus on responsible gaming messages and restrictions around children’s shows, religion programs, and family shows.
According to the 2010 Constitution of Kenya and the Children’s Act, 2001, a child is any individual under 18 years.
These laws ensure children are protected from all forms of real and/or potential abuse and exploitation.
However, Cofek argues that online access, particularly through features that prioritize betting sites, exposes them to potential serious and irreversible harm.
“It particularly creates a significant risk to millions of minors with and or those who can intermittently access smartphone access – either with and or without express permission of their parents and or guardians,” it added.
It also adds that ‘speed dial’ feature disregards ongoing campaigns by the Communication Authority of Kenya (CA) on child online protection.
Cofek now wants a cease-and-desist directive issued to all browser operators in the country to compel browsers getting money from betting firms to pay taxes and desist from imposing betting contents on users as well as minors.
“TAKE NOTICE that if you do not comply with the afore mentioned DEMANDS, within the next Seven (7) days, as a matter of public interest we shall swiftly, and without any further reference to you, institute such legal action without further reference to yourselves,” Cofek said.
“By copy, the respective agencies are requested to action the respective aspects of their mandate as relates to this complaint. They are advised that they will be named either as further Respondents (over and above BC&LB) or as Interested Parties should the matter proceed for legal determination within the Court of Law.”
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