Yes, but this is the paradox I mentioned above - so say one of those casinos has an affiliate streamer/YT'er, or is sponsoring a video or stream or is simply being promoted in any video by an affiliate, then how (if the streamer or channel is not adhering to UK LCCP because of choice or non-UK jurisdiction) do they ensure that the material doesn't generate any UK sign-ups?
That could only be ensured if the affiliate programme under the casino's guidance made the affiliate have a specific campaign ID for YT which wouldn't allow payment for UK. That wouldn't be possible anyway as there's no way you can block your YT material from a specific geo and secondly direct YT links to casino promos are forbidden so the sign-ups should only come from the YT'ers homepage - at that point there's no way of knowing if that new player from the UK arrived there via the YT homepage link permitted (posted under a non-LCCP compliant promo video/stream) or from say Google search?
So streamers and casinos using affiliates on YT have two choices due to the fact their material is available to viewers in ALL countries:
1. Be UK-compliant and eschew thousands in YT ad money from viewers outside the UK (as per my coffeegrounds example in my big post above) OR
2. Ignore them because the UK is only one market, and run the risk of recruiting at least some UK players in breach of LCCP.
It's simply impossible to cleanly separate the various jurisdictions in a one-size-fits-all platform like YT.
The only solution I can see would be for the UKGC to forbid any license holders promoting, or their streamers/affs, on YT altogether. Pretty much like the LCCP did regarding Twitch, as it was simply impossible for Twitch to be compliant due to lack of effective age-gating whereas the issue is now cross border marketing which has exposed weaknesses.
If they are marketing any casino to the UK, then they have to age gate on youtube, otherwise the casino is in breach of their LCCP. It really is that simple, you are looking to closely at it. If they are not targeting the UK, they don't have to.
For example, and picking this one as he is mentioned regularly, but he is far away from the only one
Went to his twitch account, the latest video
The part I've highlighted on chat (which I found just by flicking forward on it). That is undeniably targeting UK customers. Nowhere else uses £'s, so advertising a £100 sign up bonus is aimed at UK customers. Playluck are in breach of their LCCP for allowing that, and not closing his account.
On his 'about' page on twitch you get this
When you click it you get
httxxx//xxchipmonkzslots.com/offers-2
which is a page full of advertising. Almost all are advertised in UK£. Therefore targeting the UK. Every single casino on that page with an offer in £'s is in breach of their LCCP. There is no disputing that.
They cannot claim not to be targeting the UK when they are advertising UK welcome bonuses.
This is what the LCCP states
A requirement that organic YouTube content produced by an operator and operators’ own YouTube channels must be age-restricted to 18+ to ensure users log in to age-verified accounts in order to view content.
and
61. The Gambling Commission are clear that operators will be held responsible for any marketing carried out by their affiliates. As such, operators are expected to ensure that all relevant Code requirements are also followed by their affiliate marketers.
Compliance with the above is expected to be managed by way of a contractual obligation to comply with a Code of Conduct for the affiliate party.
Operators are expected to terminate relationships with affiliates who cannot/do not comply, preferably on a one strike and you’re out rule.
Note the 'expected' part, it isn't advisory or a suggestion, it is mandatory. By not doing so they are breaching their LCCP.