La Rosa: ‘Ban on advertising, weak points on the EU and Italian front’
The lawyer Rodolfo La Rosa highlights the weak points of the legislation that in Italy forbid the advertising of gaming with cash prizes.
Qa ‘Tali, Malta – The ban on advertising introduced with the Dignity decree has changed the scenario of the Italian online gaming. This is highlighted by the lawyer Rodolfo Gherardo La Rosa, a consultant of BridgeLaw, in his speech at the Gioco News focus: “Regulatory repression: the changing face of the Italian iGaming landscape“, scheduled for the Affiliates & Cmo conference.
After describing the provisions of the law decree of 12 July 2018, converted into law on 6 August, and the guidelines issued by Agcom on last 18 April, La Rosa highlights the weak points of the current legislation. First of all, as regards the European law. In fact, La Rosa underlines the “failure to notify in advance to the European Commission the draft law decree and the consequent violation of section 5 of the European directive 2015/1535, which provides that the Member States immediately communicate to the Commission any draft technical regulation”, as well as the “violation of the right of establishment and provision of services as established by sections 49 and 56 of the Treaty on the Functioning of the European Union”. The lawyer also observes how the ruling of the EU Court of Justice has been violated “according to which restrictions on internal market freedoms must be suitable, necessary and proportionate”.
But there is also an “internal” front, concerning compliance with license agreements with the Italian gaming authority. According to La Rosa, there is a “possible conflict between the total prohibition of advertising and the obligation for the authorized operator to carry out the marketing activity [of licensed games] exclusively through the chosen channels, engage in information activities for consumers, as regards gaming regulations and the protection of legal gaming and the promotion of safe, legal and responsible gaming”.