INSIGHT DLA PIPER ITALY
these subjects can be called to answer. For this reason, AGCOM adopted guidelines to provide interpretative clarifications to companies regarding the applicative effects of these prohibitions within the primary regulatory framework of reference. In particular, the following are considered admissible.
In July 2018, the Italian Law Decree No. 87/2018, also known as the Dignity Decree, was adopted, which among its various objectives was also intended to fight against the spread of gambling disorder. Specifically, the regulation introduced the ban of gambling and betting advertising in the Italian legal system.
Te prohibition concerns any form of advertising, direct or indirect and in any way carried out. In case of violation, there is a pecuniary administrative sanction and the authority responsible for the challenge, and the imposition of sanctions is the Italian communications authority (AGCOM).
To summarise here is what can be done and what is prohibited under the Italian gambling advertising ban:
DO’S
1. Display communications of a purely informational nature provided by legal gambling operators.
2. Conduct advertising exclusively aimed at informing users about the products and services offered by different gambling operators.
3. Show the so-called ‘quota spaces’ within television programmes (those segments in which information is given on the quotas of the various betting companies for sports events).
4. Advertisements of non-gambling products run by licensed operators.
5. Provide information at the request of the customer if it is pertinent (such as subscription to an informative service).
DON’TS
1. Messages with catchy claims and laudatory expressions to join gambling offers.
2. Misleading images or messages with a sense of urgency or use of imperative language.
3. Non-gambling products websites must not include links leading to gambling content.
4. Distribution of gambling merchandise relating to gambling products.
5. Prize contests promoting real money brands.
6. Promoting gambling content with paid or organic influencers.
In terms of enforcement, the regulation on the prohibition of gambling advertising in Italy has posed some interpretative difficulties, especially concerning online advertising, the identification of the entities that can be called responsible for any violations of the rules contained in the Dignity Decree and the conditions under which
P98 WIRE / PULSE / INSIGHT / REPORTS l l l l
Te mere communications that maintain an exclusive descriptive, informative and identifying purpose of the legal gaming offer, functional to allow an informed gaming choice, such as by way of example, the information that is made available on the gaming sites or in the physical gaming points, concerning the odds, the jackpot, the probability of winning, the minimum bets, any bonuses offered, provided that they are carried out in compliance with the principles of continence, non-deceptiveness, transparency and absence of promotional emphasis.
Information, issued at the request of the customer – if strictly pertinent to the customer’s request and functional to allowing informed gaming choices – regarding the functioning and characteristics of the gaming service, or the existence of new products or services; and information services of comparison of odds or commercial offers of different competitors (such as odds spaces).
Te use of the brand that identifies, in addition to the gaming services with cash or gambling winnings, further activities, having an autonomous character, provided there is no ambiguity about the object of the promotion and in this there are no evocative elements of the game except for the mere name of the supplier.
In addition to traditional forms of advertising, the following are considered prohibited commercial communications if pertaining to gambling or betting products, by way of example:
l Product placement. l
Distribution of branded gadgets of gaming products.
Organisation of events with prizes consisting of branded products.
l
Prize competitions as defined and qualified by Presidential Decree no. 430 of 26 October 2001.
l Editorial advertising. l
Direct and indirect advertising carried out by ‘influencers’.
Sponsorship of events, activities, shows, programmes, products or services, and other forms of communication with promotional content are also prohibited, including visual and acoustic citations, which emphasise calls to action relating to gaming and/or betting.
Tere have already been sanctions issued by AGCOM, which then had different outcomes, such as the measure against Google, which was later annulled following the appeal to the Italian administrative court.
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