COUNTRY REPORT: PORTUGAL TURISMO DE PORTUGAL
What are the main problems with the current gambling law/advertising law in Portugal for the online sector?
Te period of confinement has raised new concerns about the effect of gambling and betting advertising on more vulnerable social groups. As such, the Gaming Regulation and Inspection Service (SRIJ), an entity supervised by the Secretary of State for Tourism, launched a new manual of best practices for the advertising of games and betting.
Te new SRIJ advertising recommendations for online casinos and betting were mainly aimed at protecting minors from the negative implications that derive from social isolation due to the COVID-19 pandemic, namely the intensive use of the internet by children and adolescents.
SRIJ's new advertising recommendations for online casinos and gambling are aimed at advertisements on radio and television for casinos and online gambling which they state should not occur until after 10:30pm. Casinos and online gaming companies must not advertise on television and radio between 7am and 10:30pm, that is, they must only have advertising space at night and during the early hours of the morning.
Te Regulator also added that these advertisements should also not be run 30 minutes before or after a program especially targeted at children and young people. Regarding advertising on social networks, these advertisers must activate mechanisms that limits access to minors.
Tis growing concern on the part of the Ministry of Economy is related to the growing number of players that online betting has been gaining in Portugal, so the new advertising rules aim to protect the most vulnerable group of the population, promoting responsible gambling.
Advertising must follow these new rules in order to keep gambling under control.
In addition to limiting the hours, the new set of rules additionally states that advertisements must not suggest that the game can “develop personal qualities”, be “a solution to financial problems” or even “create the illusion that a person can win large sums from gambling and betting”. It is further stated that all advertisements must have a reference to the entities dealing with the addition. In addition to the new rules promoted by the SRIJ, the Ministry of Economy has already mentioned that the possibility of amending the Advertising Code is being looked at.
Gambling taxes were increased in 2020 Is this current rate considered high and does it from entering Portugal and is the tax rate due to be increased further?
Te 2020 State Budget changed the Special Tax on Online Gambling on sports betting and games of chance.
P118 WIRE / PULSE / INSIGHT / REPORTS José Eduardo Deus
Gambling Inspector with the Turismo de Portugal and a Master in Management and Tourism.
José Eduardo Deus is a Gambling Inspector with the Turismo de Portugal and a Master in Management and Tourism. He graduated in Law from the Universidade Clássica de Lisboa in 1983, and in 1994 completed a Post- Graduate in Communication Law at the University of Coimbra. He lectures on various topics related to gaming law and tourism and he has taught several courses on Gaming Law at the Faculty of Law of Universidade Nova de Lisboa. He has also published articles and books including most recently the book "Pandemia e o Jogo"
www.ojogoemportugal.pt.
Jose.deus@
sapo.pt
“The new SRIJ advertising
recommendations for online casinos and betting were mainly aimed at protecting minors from the negative implications that derive from social isolation due to the COVID-19 pandemic.”
Te IEJO rate for games of chance was set at 25 per cent (fixed rate) of gross revenues, whereas, previously, this rate was 15 per cent to 30 per cent (progressive rate) of gross revenues, depending on the amount of gross revenues.
Te budgetary changes in sports betting odds revoked the calculation formula, which previously made it possible to bring the rate up to 16 per cent on the betting turnover for amounts above €30m. Terefore, the rate passed with the OE 2020 being fixed at eight per cent, on the volume of bets, is the same that was already used for income up to €30m, on the volume of bets.
For commissions, which are the only income directly resulting from the operation of cross sports betting (which does not yet exist in Portugal) and in which bettors play against each other (C2C), the tax is now levied on the amount of these commissions at the rate of 35 per cent, when previously they were taxed at 15 per cent.
Te OE 2020 has provided for the assessment of the impact of all these changes within two years.
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