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Bwin’s gaming advertisement has been deemed compliant with Italian self-regulatory rules leading to a considerable change in the approach by authorities to gaming advertising.
After the negative news on potential restrictions to gambling advertising, here are finally some good news for gaming operators, following the decision of the advertising self-regulatory committee to dismiss its initial allegations against Bwin’s advertisement relating to its Italian brand Gioco Digitale.
The gaming advertising regulatory framework
There are two parallel regimes in Italy when it comes to gaming advertising. There are
- primary laws that not only provide for general rules on unfair commercial practices and misleading advertising but also for gaming specific advertising regulations and
- advertising self-regulatory rules which include a section dedicated to gambling advertising.
The self-regulatory rules do not prescribe monetary sanctions, but – since most of the media companies are signatories of the self-regulatory advertising code through their associations – the decisions of the self-regulatory court challenging advertisements have the consequence that such ads cannot be broadcast any longer!
The Bwin case
Gaming advertisements can be challenged under the terms of the self-regulatory advertising code both of initiative of interested parties and of the self-regulatory committee itself. And the committee decided in this case to challenge Bwin’s last gaming advertising relating to Gioco Digitale referring to the possibility to play at the sea with Gioco Digitale and of gaining bonuses up to EUR 500.
Self-regulatory authorities have always adopted a very aggressive approach against gaming advertisements arguing that, given the potential gaming addictions that may arise from gambling activities, the threshold of compliance required to gambling advertisements is higher than the “ordinary” standard.
The full decision of the committee has not been published yet, but the decision of the committee to dismiss its initial allegations shows a significant move in the approach to gaming advertisements.
What are the consequences of such decision?
This decision creates an interesting precedent for gaming advertising as it contributes to create a more certain framework of regulations.
Gaming advertising laws prohibit advertisements that “create an incentive to the gambling activity or to exalt games” which is very “ambiguous” given that any advertisement or marketing activity has its own “natural” purpose to encourage and promote its sale to the public. This decision might push public authorities to interpret gaming advertising laws in the light of the more mature gaming advertising self-regulatory rules.
