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This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement.
Another June ruling was not upheld.
In a separate case, the ASA examined display advertising for White Hat Gaming’s Casimba and The Grand Ivy Casino brands, which had appeared on HLTV.org – a specialist Counter-Strike 2 e-sports website – in March 2026.
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In January 2024, before locally licensed online operators were active, the Authority said it had recorded about 510,000 monthly cases of Botswanans participating in illegal online gambling.
Sunbet Botswana launched its online sports-betting platform in February 2025 and reported a 4,700% increase in sign-ups during its first month. As this was an operator-reported figure, the company did not publicly disclose the comparison baseline or absolute number of registrations.
The Authority said licensed operators accepted P150 million in wagers in March 2025, paid P135 million in winnings and generated P15 million in gross gambling revenue. It also estimated that only about 40% of Botswana’s estimated 550,000 active bettors were using licensed local operators, leaving a substantial share of demand with unregulated platforms.
About Fruity Mayan
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.
