Decree of June 8, 2010 on the regulation of commercial communications in favor of gaming operators

First published on 09 June 2010 on the website : www.csa.fr

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Decree no. 2010-624 of June 8, 2010 on the regulation of commercial communications in favor of gambling operators, and on informing players of the risks involved in gambling.

The Prime Minister,

On the report of the Minister of the Budget, Public Accounts and State Reform,

In view of law no. 49-956 of July 16, 1949 on publications intended for young people;

Having regard to law no. 86-1067 of September 30, 1986 on freedom of communication;

Having regard to Act no. 2010-476 of May 12, 2010 relating to the opening up to competition and regulation of the online gambling sector,

Decree:

CHAPTER I: WARNING MESSAGE ACCOMPANYING ANY COMMERCIAL COMMUNICATION IN FAVOR OF A GAMING OPERATOR

Article 1
Any commercial communication in favor of a gaming operator is accompanied by one of the following warning messages:
"Gambling carries risks: debt, addiction... Call 09-74-75-13-13 (toll-free)".
"Gambling involves risks: isolation, debt... Call 09-74-75-13-13 (toll-free)".
"Gambling carries risks: addiction, isolation... Call 09-74-75-13-13 (toll-free)".
These messages are presented in an accessible and easily legible way, respectful of their public health vocation and clearly distinguishable from the advertising or promotional message that accompanies them.
The above-mentioned warning messages appear alternately on each advertising or promotional medium.

Article 2
When advertising or promotional messages are shown in cinemas, the warning messages mentioned in Article 1 are :
1° Either included in a fixed or scrolling banner, maintained throughout the duration of the commercial; this banner covers at least 7% of the height of the screen;
2° Or presented in a screen immediately following the message.

Article 3
When advertising or promotional messages are shown on radio, the warning message, shown immediately after the advertising or promotional message, is as follows:
"Excessive gambling carries risks. Call 09-74-75-13-13 (toll-free)".
The presentation of warning messages complies with the rules and customs of good practice regularly defined by the profession.
In the case of sponsorship, the warning message and the message listing the information and assistance service are shown in the advertising screen immediately following the sponsored program, or during the program if the length of the program justifies it.

Article 4
When advertising or promotional messages are shown on a printed medium, the warning messages referred to in Article 1 must appear in a horizontal space reserved for text and covering at least 7% of the advertising surface.
Where several advertising or promotional messages for the same gaming operator appear on the same medium, the warning messages mentioned in article 1 may be affixed only once in a band covering at least 7% of the surface area of the medium.
For advertising or promotional messages, shown on a printed medium, by artificial persons holding exclusive rights to the public supply of gaming and betting on the basis of article 5 of the law of June 2, 1891, the purpose of which is to regulate the authorization and operation of horse racing, article 136 of the law of May 31, 1933 fixing the general budget for 1933 and article 42 of the finance law for 1985 (no. 84-1208 of December 29, 1984), in places where their gaming and betting are offered, the provisions of the present article shall be effective from the first day of the fourth month following that of their publication.

Article 5
The schemes set out in Article 4 do not apply to sporting goods marketed or made available by sports federations, the organizers of sporting events mentioned in the first paragraph of Article L. 331-5 of the French Sports Code, or the sports associations and companies mentioned respectively in Articles L. 122-1 and L. 122-2 of the same code.

Article 6
When advertising or promotional messages are shown via online public communication services, the warning messages mentioned in article 1 appear at the same time as the accompanying advertising or promotional message. These messages are displayed in such a way that, by clicking on them, the player is referred to the online communication service of the public support scheme for players set up under the responsibility of the Institut national de prévention et d'éducation pour la santé.
These messages are presented in a way that is accessible and easy to read, respectful of their public health purpose and clearly distinguishable from the advertising or promotional message that accompanies them.

CHAPTER II: BAN ON COMMERCIAL ADVERTISING FOR GAMBLING OPERATORS IN CERTAIN MEDIA

Article 7
Any commercial communication in favor of a gaming operator is prohibited:
1° In publications aimed at young people, as defined by the aforementioned law no. 49-956 of July 16, 1949;
2° On online public communication services, or sections of such services, which, by their nature, presentation or purpose, appear to be primarily aimed at persons under 18.

Article 8
The Minister for Health and Sport, the Minister for the Budget, Public Accounts and State Reform and the Minister for Culture and Communication are each responsible for the execution of the present decree, which will be published in the Official Journal of the French Republic.