‘Dignity decree’ and gaming advertising ban in Italy
The council of ministers approves the dignity decree, providing for gaming advertising ban.
Green light of the Council of Ministers, gathered on Monday, July, the 2nd, to the Dignity decree of Minister Luigi Di Maio, and that provides for the absolute ban on advertising of gaming with cash prizes. “It will be a first step forward”, the minister states. “We are the first country in Europe to ban gaming advertising. A ban which will be operational as soon as the decree is in force”.
The text arrived in the Council of ministers, and that had been examined by the pre-council held in the morning, made some changes compared to the original version, in particular excluding current advertising agreements, national lotteries with delayed drawing (hence the Lotteria Italia) and logos on safe and responsible gaming of the Agenzia delle Dogane e dei Monopoli.
As we read in the Palazzo Chigi’s note, the dignity decree aims to “oppose the serious phenomenon of gaming addiction, prohibiting the advertising of games and bets with cash prizes”.
Here is the text of Article 8 of the Dignity Decree: (Ban on advertising of games and bets)
1. For the purpose of strengthening consumer protection and for a more effective fight against gaming addiction, from the date of entry into force of this decree any form of advertising, even indirect, of games or bets with money winnings is prohibited, made in any way and on any media, including sporting, cultural or artistic events, television or radio broadcasts, newspapers and magazines, publications in general, billboards and internet.
From January, the 1°, 2019 the prohibition of this paragraph is also applied to sponsorship of events, activities, programms, products or services and to all other forms of communication of promotional content, including visual and sound quotes and writing the name, brand, symbols, activities or products whose advertising, under this article, is prohibited. National lotteries with delayed drawing are excluded by the ban of this paragraph, referred to in Article 21, paragraph 6, of the Decree-Law 1 July 2009, n. 78, converted, with changes, by law August 3, 2009, n. 102 and logos on safe and responsible gaming of the Agenzia delle dogane e dei monopoli.
2. Except as provided by Article 7, paragraph 6 of Decree Law of 13 September, 2012, n. 158, converted by law of 8 November, 2012, n. 189, non-compliance with the provisions of paragraph 1, involves the application of an administrative penalty proportionate of 5% of the value of sponsorship or advertising and in any case not less, for each violation, to a minimum amount of €50,000, charged to the customer, the owner of the media or the diffusion or destination website and the organizer of the event or activity, under the law of 24 November, 1981, No. 689
3. The competent Authority to challenge and impose penalties referred to in this article is the Autorità per le garanzie nelle comunicazioni, providing for it under the law of 24 November 1981, n. 689, and subsequent amendments.
4. Proceeds of administrative penalties for the violations referred to in paragraph 1, including those resulting from a payment at a reduced rate under Article 16 of the Law of 24 November 1981, n. 689, are donated to a specific chapter of the state of expenditure forecast of the Ministry of Health, to be allocated to the fund for the fight against pathological gambling, established under Article 1, paragraph 946 of the law 28 December, 2015, n. 208, containing “Provisions for the preparation of the annual and multi-annual State budget (2016 Stability Law).
5. Current advertising agreements at the date of entry into force of this decree, the legislation in force before the same date remains applicable.