Article 9 of the so-called Dignity Decree (Decree-Law No. 87, dated 12 July 2018, converted with amendments by Law No. 96 of 9 August 2018) prohibits advertising, sponsorship and all other forms of communications with promotional content relating to gambling. The rationale of the blanket ban is to fight against gambling addiction and to strengthen protections for consumers and players, particularly for vulnerable groups – pathological players, minors, and the elderly.
On 26 April 2019, the Italian Communications Regulatory Authority (Autorità per le Garanzie nelle Comunicazioni, hereinafter, AGCOM) published Resolution no. 132/19/CONS, which included the long-awaited guidelines on the methods of implementation of the ban set forth by article 9 of the Dignity Decree. The resolution provides interpretative clarifications regarding the subjective, objective, and temporal application of the ban.
On the objective scope of application, AGCOM makes it clear that any form of advertising, even indirect, such as sponsorship or communications with promotional contents about gambling, is prohibited. In addition to traditional forms of advertising, “the following should be considered prohibited commercial communications, for example: product placement; distribution of branded gaming product gadgets; the organisation of events with prizes made up of branded products; prize events as defined and qualified by the presidential decree of 26 October 2001, No 430; editorial advertising; direct and indirect advertising by “influencers”.
As regards the temporal application, the ban fully entered into force on 14 July 2019, since the advertising contracts concluded before the publication of the Dignity Decree had been excluded from the scope of the prohibition for one year only.
As regards the subjective-territorial scope of application, AGCOM states that the prohibition of advertising gambling applies to the gambling operators as contractors, the media channel, and the organizers of the sponsored event, activity or initiative, who have a registered office, including secondary offices, in Italy and that “The prohibition also applies to persons with registered offices abroad, if: (i) they have received the license to offer gambling from the ADM; or (ii) they have been authorised to provide audio-visual media services in Italy”.
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https://www.cdcgamingreports.com/commentaries/the-unbridgeable-gap-of-the-italian-gambling-advertising-and-sponsorship-ban/