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Coljuegos fines influencer COP116m over unauthorized Instagram game

Yeferson Cossio also faces a five-year prohibition on operating games of chance once the administrative decision becomes final.

2 min read
coljuegos-influencer
Key Points
Coljuegos imposes COP116m penalty for an unauthorized promotional game 
Investigation followed a complaint concerning activity conducted through Instagram 
Regulator has sought the blocking of 437 social media profiles linked to illegal gambling

Colombian gambling regulator Coljuegos has fined content creator Yeferson Esteban Cossio Castaño COP116m ($897,000) for operating and marketing an unauthorized promotional game through Instagram.

Coljuegos determined that the activity was offered to the public without the authorization required for nationally operated games of chance. The penalty was calculated using 100 monthly legal minimum wages for 2023, when the monthly minimum stood at COP1.16m.

The administrative resolution also prevents Cossio from operating games of chance for five years. That restriction will begin once the decision becomes final.

The case originated from a complaint about promotional material distributed on Instagram. Coljuegos subsequently investigated the activity, issued formal charges and received defense submissions and closing arguments before reaching its decision.

Cossio may submit motions for reconsideration and appeal under Colombia’s Code of Administrative Procedure and Administrative Litigation. If the sanction becomes final, the case will be transferred to the regulator’s Collection Management Office.

Under Colombian rules, promotional games use an element of chance to select winners while supporting the advertising of goods, services or organizations. 

National promotions covering two or more departments require prior authorization from Coljuegos, even when participants do not pay directly to enter. 

The regulator has previously warned that social media contests, draws and giveaways involving chance fall within this framework. 

Applicants must provide information including the prize plan, proposed advertising and evidence that prizes can be delivered. Advertising cannot begin before authorization is granted.

The sanction forms part of a wider campaign against unauthorized gambling promotion online. Coljuegos reported in August that it had issued 58,916 blocking orders covering websites and other digital channels since 2022, including 437 social media profiles promoting unauthorized betting operators.

The enforcement update also recorded 209 administrative sanctions worth more than COP94.74bn. Coljuegos links its enforcement activity to Colombia’s state gambling monopoly, under which gambling revenue contributes to public healthcare funding.

The enforcement action follows a leadership change for the regulator, with Jaime Vives Pinedo appointed to oversee Coljuegos and its supervision of Colombia’s gambling market.

Good to know

Coljuegos requires national promotional-game applications to include a guarantee covering the full prize plan and authorization must be obtained before advertising begins

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