Deliberation of May 18, 2010 on commercial communications in favor of gaming operators

Deliberation no. 2010-23 of May 18, 2010 relating to the conditions for the diffusion, by television and radio services, of commercial communications in favor of a legally authorized gambling operator

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modified by :

Deliberation no. 2011-3 of January 11, 2011(Journal officiel of February 1, 2011)

[Deliberation no. 2010-23 of May 18, 2010 relating to the conditions for the diffusion, by television and radio services, of commercial communications in favor of a legally authorized gambling operator is extended until April 30, 2011].
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Act no. 2010-476 of May 12, 2010 organizes the opening up to competition and 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 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 (Française des jeux, Pari mutuel urbain), an authorization (casinos) or an approval issued by the ARJEL, for activities on the physical network and online.

Aware of the risks of addiction associated with these types of gaming, the Council is demanding that the players concerned adopt a charter of good conduct aimed in particular at limiting the volume and concentration of commercial communications in favor of these operators.

The Council will also ensure that the opening up of the online gaming market to competition does not distort the editorial content of programs, in particular that of sports-related or equestrian programs, or those devoted to circle games as defined in article 14 of the law.

Particular attention will be paid to the content of commercial communications.

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 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 persons under 18, 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 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 covered 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.

Television and radio services inform the Conseil Supérieur de l'Audiovisuel of the programs they consider to meet the above definitions.

II. - Conditions for the diffusion of 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.

The Council assesses the compliance with these schemes of incentives for live betting that may take place in broadcasts.

The provisions of the Council's deliberation no. 2010-4 of February 16, 2010 on product placement in television programs are applicable 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

No person under 18 may be staged or portrayed, nor may minors be encouraged to perform.

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.

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 conditions fixed by the decree provided for in article 7 of this law, by a warning message against excessive or pathological gambling as well as a message referring to 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.

III. - Final schemes

This resolution is valid until April 30, 2011.

[Deliberation n° 2011-3 of January 11, 2011]

Before this date, the Council will adopt a new resolution based on the practices observed and the experience acquired during this period, as well as on compliance with voluntary commitments, in particular the charter of good conduct to which the players will have subscribed.

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