Dignity decree, ok from the Senate: rules against games become law
The Dignity decree was approved with 155 votes in favor of and 125 against, containing the ban on games advertising and other measures against the sector.
The ban on games advertising is a full-fledged law. Together with the increase of the single tax collection on entertainment devices and other measures contained in the Dignity decree that has just ended its process in the Senate. The text was approved with 155 votes in favor of, 125 against and 1 abstained. As anticipated, the House voted the text that had come out of the Chamber and the approval is now final: it only expects the publication in the Official Gazette of the provision in its final version.
The Senate has therefore confirmed the latest changes introduced to the first draft of the provision, concerning labour (such as the extension of the recruitment incentives of “under 35” until 2020, a more extensive application of vouchers in accommodation services and a “transitional phase” excluding reduction on fixed-term contracts until October, the 31th, and some measures on games, such as the introduction of slots with health card reader and the establishment of a “no slot” logo.
This is the final text on games:
Chapter III, measures for the fight against gambling disorder – Article 9. (Prohibition of advertising of games and bets)
1. For the purpose of strengthening consumer protection and for a more effective fight against gambling disorder, without prejudice to the provisions of article 7, paragraphs 4 and 5, of the decree-law of 13 September 2012, n.158, implemented, with amendments, by the law of 8 November 2012, n.189, and in compliance with the prohibitions contained in article 1, paragraphs from 937 to 940, of the law of 28 December 2015, n.208, from the date of entry into force of this decree any form of advertising, even indirect, of games or bets with money winnings and gambling 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 digital and telematic IT channels, including social media.
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, implemented, with changes, by the law 3 August, 2009, n.102, the local manifestations of chance referred to in Article 13 of the Presidential Decree of 26 October 2001, n.430 and logos on safe and responsible gaming of the Agenzia delle dogane e dei monopoli”.
1-bis. In laws and other regulatory acts, as well as in acts and communications, however carried out on any media, problems related to games or bets with money winnings are referred to as “gambling disorders” (DGA).
1-ter. In Article 7, paragraph 4-bis, of the Decree-Law of September 13, 2012, n.158, implemented, with changes, by the law of 8 November 2012, n.189, the following sentence is added: «For instant lotteries issued from 1 January 2019 or reprinted from that date, awards equal to or lower than the cost of the bet are not included in the indication of the odds of winning».
2. Without prejudice to the provisions of Article 7, paragraph 6, of the Decree-Law of 13 September 2012, n.158, implemented, with changes, by the law of 8 November 2012, n.189, non-compliance with the provisions of paragraph 1, involves the application of an administrative penalty of 5% of the value of sponsorship or advertising and in any case not less, for each violation, to €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 24 November 1981, n.689”.
3. The competent Authority to challenge and impose penalties referred to in this article is the Autorità per le garanzie nelle comunicazioni, which provides for it under the law of 24 November, 1981, n.689.
4. Proceeds of administrative penalties for the violations referred to in the paragraph 1, including those resulting from reduced payment under article 16 of the Law 24 November 1981, n.689, are donated to a specific chapter of the revenue of the state budget and allocated to the state of expenditure forecast of the Ministry of Health, to be given to the fund for the fight against pathological gambling, referred to in Article 1, paragraph 946 of the Law of 28 December 2015, n.208.
5. Current advertising agreements at the date of entry into force of this decree remains applicable, until their deadline and for not more than a year from the date of entry into force of this decree, the legislation in force before the same date of entry into force”.
6. The measure of the single tax collection on devices referred to in article 110, paragraph 6, letter a) and letter b) of the consolidated text referred to in the Royal Decree of 18 June 1931, n.773 is set in 19.25% and 6.25%, respectively, of the amount of the bets, starting from 1 September 2018, and in 19.6 percent and 6.65 percent from 1 May 2019, in 19.68 and 6.68 percent from 1 January 2020, in 19.75 and 6.75 percent from 1 January 2021 and 19.6 and 6,6 percent from 1 January 2023.
6-bis. Within six months of the entry into force of the law implementing this decree, the Government proposes a comprehensive reform of public games, in order to ensure the elimination of risks related to gambling disorder and fight against illegal gaming and fraud to the detriment of the Treasury, and in any case such as to guarantee at least the invariance of the corresponding revenues, including higher revenues coming from paragraph 6.
7. Charges resulting from paragraph 1, of €147 million for the year 2019 and €198 million per year starting from the year 2020, are provided by part of the higher revenues referred to in paragraph 6″.
Art. 9.1. (Warning sentences).
1. Instant lottery coupons must contain messages in Italian with warnings relating to the risks associated with gambling, printed on both sides to cover at least 20 percent of the corresponding area
2. With the decree of the Minister of Health, after hearing the Observatory to fight against the spread of gambling and the phenomenon of serious addiction established under Article 1, paragraph 133, fourth sentence, of the Law of 23 December 2014, n.190, to be issued within sixty days from the date of entry into force of the law implementing this decree, the content of the text and the graphic features of the warnings referred to in paragraph 1 are established. Coupons must in any case report on both sides and with adequate dimensions and, however, in a way which ensures immediate visibility, the words: “This game is dangerous for your health”.
3. Coupons of instant lotteries produced until the date of entry into force of the implementation law of this decree may be offered for sale also after that date, for a maximum period of twelve months.
4. Warning sentences on the risk of addiction playing with games with winnings in cash must also be applied to the entertainment devices provided for in article 110, paragraph 6, letters a) and b) of the consolidated text of public security laws, referred to in the Royal Decree of 18 June 1931, n.773, as well as in the areas and premises where they are installed.
5. What is foreseen regarding warnings on risks deriving from pathological gambling from article 7, paragraph 5, of the decree-law of 13 September, 2012, n.158, implemented, with changes, by the law of 8 November 2012, n.189, is confirmed.
ARTICLE 9-bis. (Monitoring of gaming offer).
1. The Ministry of Economy and Finance, in agreement with the Ministry of Health, monitors gaming offer, also through a database on trend of gaming volume and its distribution in the national territory. Monitoring takes into account in particular the areas most subject to the risk of concentration of players affected by gambling disorder. The Minister of Economy and Finance, together with the Minister of Health, presents a report on the results of the monitoring to the Chambers every year.
ARTICLE 9-ter. (Measures to protect minors).
1. Access to entertainment devices, referred to in Article 110, paragraph 6, letters a) and b) of the consolidated text of public security laws, referred to in the Royal Decree of 18 June 1931, n.773, is allowed only through the use of the health card in order to prevent access to games by minors. From 1 January 2020, the devices referred to in this paragraph without mechanisms to prevent minors from accessing the game must be removed from the premises. The violation of the prescription in the second sentence is punished with the administrative penalty of €10,000 for each device.
ARTICLE 9-quater. (No Slot logo).
1. The “No Slot” identification logo is established.
2. By decree of the Minister of economic development, to be adopted within six months from the date of entry into force of the law implementing this decree, on the proposal from the Observatory to fight against the spread of gambling and the phenomenon of serious addiction, referred to in Article 1, paragraph 133, fourth sentence, of the Law of 23 December 2014, n.190, the conditions for the issue and regulation of the use of the “No Slot” identification logo are established.
3. Municipalities may issue the “No Slot” identification logo to owners of public places or private clubs, eliminating or undertaking not to install entertainment devices referred to in Article 110, paragraph 6, letters a) and b), of the single text of public security laws, referred to in the Royal Decree of 18 June 1931, n.773.
4. New or greater charges on public finance must not derive from the implementation of this article.