The latest amendments to the Gambling Act introducing restrictions to the gambling advertising came into force as of 18 May 2024. As the bill amendment passed the parliamentary procedure with a lightning speed and without a prior public discussion the new regulations were expected to have serious impact on the possibilities for promotion of gambling activities. The careful reading shows that the measures are not as harsh as they seem at a first glance.
The harshest limitations would apply to the content of the gambling related promotional messages. It is only allowed to promote the brand, the type of games and the games variations. Said in other words, a B2C gambling operator may associate with its brand, logo or domain only expressions like “online casino” and the name of the particular game, however, if it doesn`t comprise particular elements of the B2C operator`s offer, such as prizes and prize funds, bonuses, jackpots, etc. Some further specific restrictions apply to the sponsorship branding and product placements. As to the entire concept of the gambling advertising content, such as associated background and elements of the overall vision, we can easily say that it should be allowed following the alcohol and cigarettes indirect advertising pattern.
Whereas harsh in nature, the content advertising restrictions seem relatively less impacting than the advertising mode limitations, since a breach to the former can only lead to imposing of financial sanction. In excess to such financial sanctions, the breach of the mode limitations can trigger also license revocation, subject to failure of the affected party to terminate the breach and to remove the harmful effects thereof in 14-days` term.
Yet another positive aspect of the amendments as per the interpretation supported by the gaming regulator is that the mere use of the brand or website address of a B2C operator alone is not considered an advertising. Hence, the advertising mode restrictions shall not apply here, wherefore, brand or website could be placed anywhere, e.g., in public places, merchandise, any kind of infrastructure, etc.
It is not certain though whether brand or website address can be aired on the TV media, since the Electronic Media Council has already expressed its conservative interpretation, based on the Radio- and Television Act, comprising specific definition of “commercial messages”. Ultimately, we believe that the risk in case of such alleged breaches lies more with the media operator itself, who is to be sanctioned pursuant to the Radio- and Television Act, rather than with the assigning B2C operator, as far as, the latter should be sanctioned under the Gambling Act and its specific interpretation.
Another interpretation of the latest advertising restrictions, favorable for the business, is that advertising mode bans affect only the websites of media operators. The rest remain subject only to content related restrictions, including the social media, the content sharing platforms.
The highest amount of flexibility seems to be allowed for the targeted personal communication and the websites of the B2C operators. Furthermore, provided that the commercial messages are not inciting, abusive or misleading, such relaxed regulation would also apply to the unsponsored social media pages of the B2C operators when being followed.
Since there is no official guidance by the gambling regulator in this regard, we are constantly following the evolution of the regulatory practices. For this reason, we do not recommend that you take whatsoever commercial decision based solely on the conclusions made in this publication.
Our experienced team of lawyers can help you to deal with any issues you may face in this respect and in the field of gambling in general.
The harshest limitations would apply to the content of the gambling related promotional messages. It is only allowed to promote the brand, the type of games and the games variations. Said in other words, a B2C gambling operator may associate with its brand, logo or domain only expressions like “online casino” and the name of the particular game, however, if it doesn`t comprise particular elements of the B2C operator`s offer, such as prizes and prize funds, bonuses, jackpots, etc. Some further specific restrictions apply to the sponsorship branding and product placements. As to the entire concept of the gambling advertising content, such as associated background and elements of the overall vision, we can easily say that it should be allowed following the alcohol and cigarettes indirect advertising pattern.
Whereas harsh in nature, the content advertising restrictions seem relatively less impacting than the advertising mode limitations, since a breach to the former can only lead to imposing of financial sanction. In excess to such financial sanctions, the breach of the mode limitations can trigger also license revocation, subject to failure of the affected party to terminate the breach and to remove the harmful effects thereof in 14-days` term.
Yet another positive aspect of the amendments as per the interpretation supported by the gaming regulator is that the mere use of the brand or website address of a B2C operator alone is not considered an advertising. Hence, the advertising mode restrictions shall not apply here, wherefore, brand or website could be placed anywhere, e.g., in public places, merchandise, any kind of infrastructure, etc.
It is not certain though whether brand or website address can be aired on the TV media, since the Electronic Media Council has already expressed its conservative interpretation, based on the Radio- and Television Act, comprising specific definition of “commercial messages”. Ultimately, we believe that the risk in case of such alleged breaches lies more with the media operator itself, who is to be sanctioned pursuant to the Radio- and Television Act, rather than with the assigning B2C operator, as far as, the latter should be sanctioned under the Gambling Act and its specific interpretation.
Another interpretation of the latest advertising restrictions, favorable for the business, is that advertising mode bans affect only the websites of media operators. The rest remain subject only to content related restrictions, including the social media, the content sharing platforms.
The highest amount of flexibility seems to be allowed for the targeted personal communication and the websites of the B2C operators. Furthermore, provided that the commercial messages are not inciting, abusive or misleading, such relaxed regulation would also apply to the unsponsored social media pages of the B2C operators when being followed.
Since there is no official guidance by the gambling regulator in this regard, we are constantly following the evolution of the regulatory practices. For this reason, we do not recommend that you take whatsoever commercial decision based solely on the conclusions made in this publication.
Our experienced team of lawyers can help you to deal with any issues you may face in this respect and in the field of gambling in general.