ADVERTISING REGULATION
all gambling advertisements must be truthful, clear, and accurate, and that they should not be harmful or misleading to consumers. The regulations also prohibit gambling advertisers from targeting minors and vulnerable individuals, such as those with a gambling addiction. The Code of Advertising Practice further provides guidance on responsible advertising practices, including those related to gambling. Despite the comprehensive regulatory framework, there have been instances of controversial gambling advertisements in Portugal that have called into question the effectiveness of the current regulatory regime. The SRIJ has been called upon to strengthen its enforcement and oversight mechanisms to ensure compliance with the regulatory framework. Recent controversies have highlighted the need both for clearer guidelines and stricter penalties for non-compliance. Self-Regulation or more regulatory scrutiny? The ongoing debate over the promotion of responsible advertising practices in the gambling industry has recently sparked a great deal of interest with many passionate and thoughtful arguments being put forward. While some people believe that self-regulation is the way to go, others argue that regulatory intervention is necessary to ensure that vulnerable populations are protected from harm. Those who support self-regulation believe that it is a good way to encourage innovation and growth in the industry while also giving industry stakeholders the power to regulate themselves using codes of conduct and voluntary advertising standards. This, they claim, is empowering and helps create a culture of responsible advertising within the industry. Others, however, believe that self-regulation is insufficient and that more stringent regulatory intervention is necessary, citing examples of markets where self-regulation is apparently failing. A recent study from the University of Bristol 2 revealed that during the opening weekend of the 2023/4 English Premier
League season, 92 percent of the content of ads from gambling brands breached advertising regulations as they were not clearly identifiable as such. They concluded that self-regulation – with operators adhering to the UK’s Gambling Industry Code for Socially Responsible Advertising – is failing to limit the prevalence of such campaigns. While self-regulatory measures can be helpful, they may lack teeth and be driven by commercial interests rather than consumer protection. Ultimately, both self-regulation and regulatory intervention have their place in promoting responsible advertising practices in the gambling industry, and we believe a balance between them should be achieved. The European Gaming & Betting Association (EGBA) published in 2020 the first pan-European Code of Conduct on responsible advertising for online gambling, 3 to which several national gambling associations (Portugal’s being one of them) and operators are voluntary signatories. Avoiding regulatory interventionism There is a common belief that self-regulation in the gambling industry is only applicable to those sectors where the state’s involvement is not a crucial factor, and therefore, government intervention is not necessary for the proper implementation of industry regulations. However, we believe that self-regulation is not an option but a necessity, as in some cases, state intervention alone cannot fully regulate all the critical aspects of the industry. The clearest examples of effective self-regulation are around responsible gambling and advertising. Gambling operators often take the initiative and independently implement specific tools and policies in their products, without any legal requirements. Notably, in the 2021-2022 EGBA sustainability report, some of the world’s largest gambling brands, including Bet365, Entain, Kindred, Betsson, Flutter and Mr. Green, issued a joint statement about driving sustainability through a focus on safer gambling. 4 To address the negative effects of excessive gambling advertising, a multi-faceted approach is recommended that
2 Available at https://www.bristol.ac.uk/news/2023/september/premier-league-football-gambling-advertising.html 3 Available at https://www.egba.eu/uploads/2020/04/200625-EGBA-Code-of-Conduct-on-Responsible-Advertising-for-Online-Gambling.pdf 4 Available at https://www.egba.eu/uploads/2022/11/221115-EGBA-Sustainability-Report-2021-22.pdf
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IMGL MAGAZINE | APRIL 2024
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