While the rules around advertising restrictions contained in the Gambling Regulation Act 2024 (the Act) are yet to be commenced by the Minister for Justice, Home Affairs and Migration, it is important for gambling operators and other related parties to be aware of such changes being introduced by the Act.
Firstly, the Act gives the Gambling Regulatory Authority of Ireland (GRAI) broad powers to impose additional restrictions on gambling operators. For example, the GRAI can prescribe the frequency and duration of gambling advertisements being broadcasted on television.
A summary of the main restrictions on advertising, distribution of merchandise and sponsorship are set out below:
Advertising by means of audio-visual on-demand media and sound services
A gambling operator is prohibited from advertising with on-demand sound and audio-visual platforms unless the users of the platforms have registered accounts with such media platforms and the gambling operator complies with any other regulations introduced by the GRAI. For example, gambling operators are only permitted to advertise to persons on the RTÉ Player (outside the restricted hours) if such persons have registered accounts with the RTÉ Player. As outlined below, incidental advertising by a gambling operator is not caught by the restrictions.
Advertising on Social Media Platforms
A gambling operator is prohibited from advertising on social media platforms unless:
- the intended advertising recipients have accounts with such social media platforms;
- the intended advertising recipients have subscribed to the gambling operator's account on such platforms; and
- the advertising is in compliance with any other regulations made by the GRAI.
Examples of relevant social media platforms include TikTok, Facebook and Instagram.
Advertising by Electronic Communication
Gambling operators are restricted from contacting persons for advertising purposes by way of electronic communication (telephone, text message or e-mail) unless:
- consent has been obtained from the intended recipient;
- the gambling operator provides an opt-out provision; and
- the advertising is in compliance with any other regulations made by the GRAI.
By way of example, a gambling operator is prohibited from sending an e-mail to a member of the public about odds for a football match unless consent has been obtained and the recipient has a right to opt-out from receiving further communication from the gambling operator.
Sponsorship
A gambling operator is prohibited from sponsoring (or cause another to sponsor on their behalf) an event in the following circumstances:
- where the majority of attendees or participants are children;
- the event is aimed at minors;
- a club or organisation where children are members;
- or a premises that is used by an organisation, club or team where children are members; and
- a public activity that appeals to children.
An example of a prohibition would be sponsoring a fundraiser at a running club that has underage members.
Prohibited Hours for Advertising
A gambling operator is prohibited from advertising on audio-visual and sound platforms between the hours of 5.30am and 9pm also known as a watershed restriction. However, if a gambling operator's logo is visible at a sporting event that is being broadcast, this would be described as incidental advertising and would not be caught by the regulations.
Restriction on Branded Clothing and Merchandise
There is a general prohibition on any person and not just gambling operators importing, manufacturing, selling, supplying or providing for free of charge any branded article of clothing or merchandise (that advertises a relevant gambling activity or bears a gambling licensee's name, emblem, trademark, marketing image or logo) which is intended to be used or worn by a minor. There is also a restriction on distributing such goods at events which may be attended by minors. This is a transitional provision and this restriction will be introduced twelve months after the commencement of this section of the Act. By way of example, a gambling operator is restricted from distributing its branded merchandise at a horse racing event which permits admittance to minors. Another example is a gambling operator sponsoring a sports team’s jersey that has children's sizes.
Prohibited Material
A gambling operator is restricted from advertising material that:
- encourages minors to gamble;
- portrays gambling as attractive to minors;
- encourages gambling as a solution to financial problems; or
- condones excessive gambling behaviours.
Examples include using cartoon or animation characters in advertising that would be perceived to encourage children to gamble.
Advertising Exceptions
A gambling operator will not be in breach of the Act if its trademark or logo, for example, is shown incidentally to viewers at a sporting event, including viewers who are watching the sporting event on an on-demand streaming service such as RTÉ Player.
Fines and Sanctions
A gambling operator that contravenes the Act may have its licence revoked and can face penalties of up to €20,000,000 or, if greater, 10% of its turnover in any given year. Gambling operators can also be subject to criminal prosecution under the Act.
For more information, contact Brian Walsh or your usual contact in Beauchamps.
