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According to the governance policies of Meta, the owner of Instagram, gambling platforms can use programmatic advertising services and branded content, provided they receive authorisation from the platform. They cannot target content to individuals under 18 or territories where gambling is not regulated.

To obtain Meta’s approval, the company needs to fill out a form and attach documents proving its operating licence. This same form includes a contract, in the form of an “I accept the terms and conditions” button. In it, the advertiser releases Meta from liability for any violations of the content, including legal or administrative proceedings.

The acceptance and authorisation process is restricted to paid media. Regarding organic content that sells, markets, depicts or promotes online gambling, Meta states, in the restricted products and services section, that it encourages safety, prevents potentially harmful activities and displays content only to those over 18 years of age.

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Scotts Valley filed suit in response. In October 2025, Judge McFadden ruled that Interior had violated the tribe’s due process rights by rescinding the approval without giving prior notice or an opportunity to respond.

However, McFadden’s ruling left the door open for Interior to formally reconsider the underlying gaming eligibility question.

Scotts Valley has maintained that federal officials reversed course under intense political pressure from the Yocha Dehe Wintun Nation, a neighboring tribe that opposes the Vallejo casino development.

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Lamb described this task as “practically limiting the authority’s ability to most effectively monitor compliance” across the scheme. 

She suggested that the State Revenue chief commissioner’s office would be better equipped to manage what she characterised as a tax rebate programme.

NSW government figures classify poker machines as the most harmful gambling format in the state, yet clubs continue to operate approximately 65,000 poker machines, benefiting substantially from tax rebates through the scheme.