REGULATION IN IRELAND
or merchandise which advertises a gambling activity or which bears the name, trademark, emblem, logo etc. of a licensee which is intended to be worn by a child. The Act includes a 12-month grace period on this prohibition on the sale or supply of clothing or merchandise. It is also important to note that the prohibitions on sponsorships and branded merchandise carry criminal penalties with terms of imprisonment of up to five years. Interestingly, the sponsorship provisions apply to licensees whereas the prohibition on the sale of branded clothing and merchandise applies to the public at large, which means that retailers could be prosecuted for breaches of the section. What’s next? The advertising restrictions imposed under the Act will undoubtedly have a significant impact on operators in the Irish market. The overall impact of the new laws remains to be seen, however, significant concerns have been raised in recent months as to the impact that the advertising restrictions will have on the horse racing industry in Ireland, with the viability of dedicated racing channels being called into question. It is worth questioning the rationale of imposing these restrictions on subscription channels which solely broadcast horse-racing, so this may be something that the legislature looks at in the future, however for now no such exemptions have been considered. One hopes that the GRAI will take a fluid approach to the restrictions on gambling which are to be introduced in the new regime – this is especially the case when one considers some of the recent studies which show that increased regulation throughout Europe has driven players to black market operators. It is important to remember that it is the regulated operators who are complying with the legislation who are best placed to identify and assist with tackling problem gambling and this equally needs to be taken into account in terms of how best to protect the public.
Supplemental regulations (section 144) The GRAI are required to introduce regulations promoting “responsible play” in gambling advertisements. This may include details such as: 1. name and contact details of the licensee and the type of license held; 2. statements that children are prohibited from participating in relevant gambling activities and that the activity is a gambling activity; and 3. warning of the risk of excessive or compulsive gambling, where information can be found on these risks and what support services are available. The GRAI also has the discretion to introduce further regulations (i) prohibiting the inclusion of certain matters in advertisements; (ii) prescribing the times, places and events at which advertisements may be shown; and (iii) the frequency and duration of advertisements. Sponsorships and branded merchandise (sections 151 and 159) Section 159 of the Act provides that licensees are not permitted to sponsor any events which are aimed at children, or any events where the majority of attendees or participants are children, or any organisations, clubs or teams with child members (or any premises used by these organisations), or any public activities appealing to children. The final limb of the prohibition (i.e. any public activities appealing to children) is quite broad and therefore, it will be interesting to see if the GRAI publish guidance on this point. It is also worth noting that the definition of “sponsor” for the purposes of section 159 is quite wide and is defined as “making any form of public or private contribution towards an event or organisation with the aim, or direct or indirect effect, of promoting a gambling activity”. The Act also introduces a prohibition on the manufacture, import, sale or supply of any clothing
ALAN HEUSTON Partner, McCann FitzGerald For more information contact Alan.Heuston@ mccannfitzgerald.com +353 1 607 1472
IAN HANRAHAN Associate, McCann FitzGerald
IMGL MAGAZINE | DECEMBER 2025
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