IRELAND MARKET FOCUS
matters and some of these may be prohibited on grounds of public interest and safety. These prohibitions will be detailed in further regulations to be brought forward by the Minister National gambling exclusion register In a further effort to protect players, the Bill proposes the establishment of a national exclusionary register. This was notably a hot topic during the second stage debate in Parliament in December 2022. The proposed Register will allow persons to register with the GRAI to exclude themselves from gambling online with a specific licensee (or licensees) with whom they hold an account(s). Once someone has self- excluded themselves from participating in gambling related activities with a particular licensee(s), the GRAI must inform that licensee(s) in writing that the account-holder has applied to be added to the register. The onus will be on the licensee(s) to ensure that they don’t provide any gambling products or services to that account holder nor accept payments from them. They will also be required to refund to the account holder all monies currently lodged in the relevant account specified, within 7 days. Restrictions on advertising, sponsorship and promotions The regulation of gambling advertising is also central to the proposed legislative measures with some of the key restrictions including: • On-demand audio-visual media and electronic communication advertising : the introduction of significant restrictions on advertising are proposed across a broad range of media, including on ‘on-demand audio-visual media services’ (ODAVMS), video sharing platforms, social media websites, telephone, text messages and email. Recipients of gambling advertising in these forms of media need to have subscribed to such services and have given their ‘explicit consent’ to receive gambling advertising. The manner in which ‘explicit consent’ is obtained, is not set out in the Bill. While not an outright prohibition, it appears to be a prohibition on such
advertising ‘by default’. To complement this provision, it is proposed that providers will put in place a ‘blocking facility’ whereby a recipient of a gambling advert can elect not to receive the same, or similar adverts, in the future. • Statutory watershed : While there won’t be a specific ban on advertising on TV, radio or on on-demand audio- visual media services, there will be a statutory watershed prohibiting gambling advertising between the hours of 5:30am and 9:00pm. The GRAI will also have broad powers to prescribe the times, place and events, where gambling advertising can be broadcast, displayed or published (including as regards frequency and volume). • Gambling adverts must be clearly identifiable : There will be specific information required to be included in gambling adverts to ensure that they are clearly identifiable. For example, adverts will need to include the name and contact details of the licensee; a statement that children are prohibited from participating in gambling; a warning about the risk of excessive or compulsive gambling; details of where support services are available; and an explicit statement that gambling activity may result in a person making a payment without obtaining anything in return. There is also an interesting provision to the effect that sample games must not be included in gambling advertisements. • Advertisements directed at children and vulnerable persons: There are proposals for specific prohibitions on advertising material portraying gambling as attractive to children, as well as advertising, which encourages or seeks to exploit a child to encourage them to gamble. In addition, any advertising that promotes excessive or compulsive gambling, or seeks to misrepresent any perceived social or financial benefits of gambling will be prohibited. • Sponsorship: There are similar provisions relating to the prohibition of sponsorship of events aimed at children, where the majority attending the events are children, organisation/teams/clubs where children are members, or a public activity that appeals to children. There are some potential parallels here with recent developments in the UK, where the Committee of Advertising Practice introduced new rules restricting gambling companies from using celebrities or anyone with a “strong appeal” for young people, in targeting under-18s in th eir
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IMGL MAGAZINE | JANUARY 2023
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