Deliberation of April 27, 2011 on the conditions for diffusing commercial communications in favor of gaming operators.

Deliberation no. 2011-09 of April 27, 2011 relating to the conditions for the diffusion, by television and radio services, of commercial communications in favor of a legally authorized gambling operator.

Law no. 2010-476 of May 12, 2010 organizes the opening up to competition and the regulation of certain sectors of the online gambling market.

The Autorité de régulation des jeux en ligne (ARJEL), an independent administrative authority created by this law, grants licenses to operators, monitors their activity and helps fight illegal online gaming supplies.

Commercial communications in favor of gaming operators authorized by virtue of an exclusive right or license granted by the ARJEL are permitted under certain conditions and limitations defined in article 7 of the law.

In accordance with article 9 of the law, any commercial communication in favor of an unauthorized betting or gaming site is prohibited and punishable by a penalty notice of 100,000 euros. The competent court may increase the penalty notice to four times the amount spent on advertising the illegal activity.

In accordance with the same article, any commercial communication in favor of a legally authorized gaming operator contravening the provisions of article 7 of the law is subject to the same criminal sanctions.

Failure to comply with the provisions of the present resolution may, after formal notice, result in the application of the legal sanctions provided for in articles 42-1, 42-4, 48-2 and 48-3 of law no. 86-1067 of September 30, 1986 on freedom of communication.

Under the provisions of article 7 of the law of May 12, 2010:

"Any commercial communication in favor of a legally authorized operator of gambling and games of chance is :

(...)

3° Prohibited on audiovisual communication services and in audiovisual communication programs, presented as being aimed at persons under 18 within the meaning of article 15 of law no. 86-1067 of September 30, 1986 relating to freedom of communication;

(...)

A decision of the French Superior Audiovisual Council specifies the conditions under which the commercial communications mentioned in the first paragraph are to be shown by audiovisual communication services, and in particular how 3° is to be applied.

The purpose of this ruling, which applies to television and radio service editors, is to specify the conditions for the diffusion of these commercial communications.

It concerns the following commercial communications in favor of legally authorized gambling operators (hereinafter referred to as "gaming operators"):
- advertising messages,
- sponsorship,
- product placement.

This includes commercial communications from all operators legally authorized by the public authorities, whether by virtue of an exclusive right (Française des jeux, Pari mutuel urbain), an authorization (casinos) or an approval issued by the ARJEL, for activities on the physical network and online.

This deliberation follows on from deliberation no. 2010-23 of May 18, 2010 on the conditions for television and radio broadcasting of commercial communications in favor of a legally authorized gambling operator, applicable, in accordance with deliberation no. 2011-3 of January 11, 2011, until April 30, 2011. It takes into account the practices observed by the Council and the conclusions drawn from the first year of application of the law.

At the Council's request, on January 7 and 31, 2011, television advertising agencies, on the one hand, and radio providers and their advertising agencies, on the other, signed charters of good conduct aimed at controlling the volume and concentration of commercial communications in favor of legal gambling operators. The Council will be vigilant as to the application of these charters. If it observes any excesses in practices, it reserves the right to impose precise rules governing the volume and concentration of these commercial communications in a subsequent decision.

Since the opening up of the online gaming market, developments in the content of certain sports programs, particularly on the radio, have sometimes led to a distortion of these programs. This tends to promote sports betting and encourage the public to gamble, accompanied by lists of expected winnings.

In order to avoid any distortion of the programs, the Council is demanding that the various parties involved (service editors, the organization representing the profession of sports journalist, gambling operators and the federating bodies of sports competition organizers) adopt a charter of ethical commitments.

These commitments will focus in particular on the necessary separation, in programs, between sports-related content (which could, however, in circumstances to be specified, include a single quote) and betting-related content. The signatories will also take care to regulate the dubbed activity of sports or horse racing consultant and sports or horse racing betting consultant. The same approach will be applied to poker consultants and players, taking into account the particular a ttrait of this game for persons under 18.

In all cases, moderation must prevail when incitement to gamble is expressed.

The Council will include these commitments in the report it must submit to Parliament by November 14, 2011, in accordance with article 8 of the law of May 12, 2010.

I. Definitions relating to 3° of article 7 of the Law of May 12, 2010

A. Definition of television and radio services presented as being aimed at persons under 18 within the meaning of article 15 of the law of September 30, 1986

Television and radio services presented as being aimed at minors, understood as children and adolescents, are defined according to the following set of criteria:

- the target audience ;

- the purpose of the service, as set out in the agreement signed with the Conseil supérieur de l'a udiovisuel ;

- the characteristics of the program supply;

- presentation of the service as part of a youth theme in a distributor's commercial supply;

- communication of the service to the public and professionals (website, press communication, professional communication, program presentation by the advertising department, etc.).

These criteria are intended to enlighten players on the guidelines that guide the Conseil in its mission to enforce a law, and are not exclusive to case-by-case assessment.

B. Definition of programs presented as being aimed at persons under 18 within the meaning of article 15 of the law of September 30, 1986

1. Television service programs presented as being aimed at persons under 18.

Television service programs presented as being aimed at minors, understood as children and adolescents, are defined according to the following set of criteria:

- the design of the program for children or adolescents. In particular, the presence of youngsters in the program, the themes affecting children and teenagers, the language used, the action manager, etc. will be taken into account;

- program diffusion at times appropriate for these audiences;

- the program's specific packaging, identifying it as being aimed at these audiences;

- development or monitoring of the program by the department's youth unit;

- promotion of the program by the department as being aimed at these audiences (website, press communication, professional communication, program presentation by the advertising department, etc.).

2. Radio service programs presented as being aimed at persons under 18.

Radio service programs presented as being aimed at minors, understood as children and adolescents, are defined according to the following set of criteria:

- the design of the program for children or teenagers. In particular, the involvement of youngsters as listeners, the themes addressed in the program, and the tone and language used by presenters and listeners are taken into account;

- the program's diffusion at times aimed at these audiences, particularly in the evening for free-to-air programs;

- specific program branding, identifying the program as being aimed at these audiences;

- the nature of the prizes offered to listeners;

- the use of means of communication particularly appreciated by these audiences (SMS, blogs, social networks, etc.);

- promotion of the program by the service as being aimed at these audiences (website, press communication, professional communication, program presentation by the advertising department, etc.).

3. Terms and conditions

These criteria are intended to provide guidance to those involved in enforcing a law, and do not preclude a case-by-case assessment.

II. Conditions for diffusing commercial communications in favor of gaming operators

A. Ban on diffusion on certain television and radio services and in certain programs

The above-mentioned commercial communications in favor of gaming operators are prohibited:

- on television and radio services presented as being aimed at persons under 18 as defined in I of this resolution, in accordance with article 7, 3° of the law;

- on other television and radio services, in programs presented as being aimed at persons under 18 as defined in I of this resolution, in accordance with article 7, 3° of the law, as well as during the thirty minutes preceding and following the diffusion of these programs.

B. Other schemes

Advertising and sponsorship for gaming operators comply with the provisions of Decree no. 92-280 of March 27, 1992 laying down the general principles defining the obligations of service editors with regard to advertising, sponsorship and teleshopping, and Decree no. 87-239 of April 6, 1987 laying down the rules applicable to advertising and sponsorship for private radio broadcasting services broadcast by terrestrial or satellite means.

It assesses the compliance with these schemes of incentives for live betting that may be included in broadcasts.

When a sports or horse bet is mentioned in a program sponsored by a betting operator, listing "the" odds of an event or race may constitute unidentified advertising in favor of the program sponsor. It is advisable to mention average odds or, failing that, several odds from different operators.

The provisions of Council deliberation no. 2010-4 of February 16, 2010 on product placement in television programs apply to product placement for gaming operators.

All the aforementioned commercial communications in favor of gaming operators must also comply with the following specific rules, linked to the nature of the services being promoted.

1. Identification of commercial communications and their purpose

Commercial communications must clearly state that they offer a legally authorized gambling service. Similarly, the advertiser behind the communication must be clearly identified.

2. Protection of persons under 18

Persons under 18 must not be portrayed or encouraged to play games of chance.

Commercial communications must not make gaming particularly attractive to minors, nor portray personalities, characters or heroes who belong to the world of children or teenagers, or who have a particularly strong awareness among these audiences. This awareness may result from the participation of the personality, character or hero in promotional actions (advertising, sponsorship, brand promotional events, etc.) aimed specifically at minors for products or services intended for them, when this participation is concomitant with the diffusion of commercial communications in favor of a gaming operator or takes place in the year preceding the latter.

Commercial communications must not imply that persons under 18 have the right to gamble.

3. Fighting addiction

In accordance with the first paragraph of article 7 of the law of May 12, 2010, any commercial communication in favor of a gaming operator is accompanied, under the conditions set by decree no. 2010-624 of June 8, 2010, by a warning message against excessive or pathological gambling, as well as a message listing the information and assistance scheme made available to excessive or pathological gamblers and their entourage by the authorities, under the responsibility of the Institut national de prévention et d'é ducation pour la santé.

Commercial communications, on the content of which the Council will exercise its statutory powers, must not encourage excessive gambling.

III. Final schemes

This resolution is valid until June 30, 2012.

Before that date, the Board will adopt a new resolution based on the practices observed and the experience acquired during this period, as well as on compliance with the charters of good conduct signed by the professionals.

This resolution will be published in the Journal officiel de la République française.

Paris, April 27, 2011.
For the French Superior Audiovisual Council :
Le président,
M. BOYON

On May 31, 2012, the deliberation was extended until January 31, 2013.