Deliberation of January 22, 2013 concerning the conditions for diffusing commercial communications in favor of gambling operators.
Deliberation no. 2013-3 of January 22, 2013 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. 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, following 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 gambling operator 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 on freedom of communication;
(...)
A decision of the French Superior Audiovisual Council specifies the conditions for the diffusion, by audiovisual communication services, of the commercial communications mentioned in the first paragraph, in particular the terms of application of 3°".
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 (La Française des jeux, Pari mutuel urbain), an authorization (casinos) or a license issued by the ARJEL, for activities on the physical network and online.
The present deliberation follows on from deliberation 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, applicable, in accordance with deliberation no. 2012-21 of May 31, 2012, until January 31, 2013. It takes into consideration the practices observed by the board and the conclusions drawn from the first years of enforcement of the law.
At the Council's request, on January 7 and 31, 2011, television advertising agencies and radio providers of radio and their advertising agencies signed charters of good conduct aimed at controlling the volume and concentration of commercial communications in favor of legal gambling operators. The Board remains vigilant regarding 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.
In addition, the various stakeholders (service editors, the organization representing the profession of sports journalist, gambling operators and the federating bodies of sports competition organizers) met at the Board's initiative with the aim of adopting a charter of ethical commitments designed to avoid any distortion of broadcasts, particularly sports broadcasts.
In fact, since the opening up of the online gaming market, the content of certain sports programs, particularly radio programs, has sometimes been distorted. This tends to promote sports betting and encourage the public to gamble, accompanied by lists of expected winnings. The board presented the progress of this charter in the report it submitted to Parliament in November 2011, in accordance with article 8 of the law of May 12, 2012. It will be vigilant to ensure that the commitments made by the players concerned are properly implemented.
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 with the French Superior Audiovisual Council;
- 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 board 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 person-under-18s 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 teenagers. 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 release, 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. Methods of application
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 governing the diffusion of commercial communications in favor of gaming operators
A. - Prohibition on diffusion on certain television and radio services and 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 the present 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.
The Council 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 recommended that average odds or, failing that, several odds from different operators be mentioned.
The provisions of Council deliberation no. 2010-4 of February 16, 2010 on product placement in television programs, as amended by deliberation no. 2012-35 of July 24, 2012, are applicable to product placement in favor of 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 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
No person under 18 shall 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'éducation pour la santé.
Commercial communications, on the content of which the Council will exercise its statutory powers, must not encourage excessive gambling.
The present resolution will be published in the Journal officiel de la République française.
Paris, January 22, 2013.
For the French Superior Audiovisual Council :
Le président,
M. Boyon