Deliberation no. 2022-73 of 19.10.22 relating to the conditions of diffusion, by TV, radio and SVOD services, of commercial communications in favor of a gambling operator.

Act no. 2010-476of May 12, 2010 opened up certain sectors of the online gaming market to competition and regulation. It set up the Autorité de régulation des jeux en ligne (ARJEL), an independent administrative authority, which grants licenses to operators, monitors their activity and helps fight illegal online gaming supplies.

Ordinance no. 2019-1015 of October 2, 2019 reformed and clarified the organization of the regulation of gambling and games of chance, notably by creating new provisions common to gambling and games of chance within articles L. 320-1 to L. 320-8 of the French Internal Security Code. It also created, as of January1, 2020, the Autorité nationale des jeux (ANJ), replacing the ARJEL. This new authority, responsible for approving and regulating gaming and betting operators, has been given strengthening powers and a broader remit. The terms of its regulation were specified in Decree no. 2020-1349of November 4, 2020, which set out the conditions for the diffusion of commercial communications promoting gambling and games of chance in the new articles D. 320-2 to D. 320-10 of the French Internal Security Code.

Thus, commercial communications in favor of gaming operators authorized by virtue of an exclusive right or the approval granted by the ANJ are permitted under certain conditions and limitations defined in article L. 320-12 of the Internal Security Code.

In accordance with article L. 324-8-1 of this code, the act of broadcasting or diffusing, by any means, a commercial communication that does not comply with the provisions of article L. 320-12 is punishable by a penalty notice of €100,000. The competent court may increase the penalty notice to four times the amount of advertising expenditure devoted to the illegal operation.

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. 86-1067of September 30, 1986 on freedom of communication.

Under the provisions of article L. 320-12 of the French Internal Security Code:

" 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 lawno. 86-1067 of September 30, 1986 on freedom of communication; (...)".

Under the provisions of article L. 320-13 of the French Internal Security Code:

"A deliberation of the French regulatory authority for audiovisual and digital communication specifies the conditions for the diffusion, by audiovisual communication services, of the commercial communications mentioned in the first paragraph of article L. 320-12, in particular the terms of application of 3°of the same article".

The purpose of this resolution, which applies to television, radio and on-demand audiovisual media service editors, is to specify the conditions for the diffusion of these commercial communications.

It covers the following commercial communications for legally authorized gambling operators (hereinafter referred to as "gaming operators"):

• advertising messages ;
• sponsorship; and
• product placement.

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

The present deliberation abrogates and succeeds deliberation no. 2013-3 of January 22, 2013 relating to the conditions of diffusion, by television and radio services, of commercial communications in favor of a legally authorized gambling operator. It takes into account the guidelines and notices adopted by the ANJ on February 17, 2022, and is also intended to apply to on-demand audiovisual media services.

At the request of the French Superior Audiovisual Council, television advertising agencies, on the one hand, and radio providers and their advertising agencies, on the other, signed charters of good conduct on January 7 and 31, 2011, aimed at controlling the volume and concentration of commercial communications in favor of legal gambling operators. The French regulatory authority for audiovisual and digital communication has asked these signatories to revise their charters, in particular to apply the charter for television service editors to on-demand audiovisual media services, and to incorporate the principles of the ANJ's guidelines and notices, to which it subscribes, in light of recent observations showing an intensification of advertising communications in favor of sports betting operators, particularly during major sports competitions. If the ANJ observes any aberrations in practices, it reserves the right to impose precise rules governing the volume and concentration of such commercial communications in a subsequent deliberation. In addition, the various parties involved (service editors, an organization representing the profession of sports journalist, gambling operators and the federating bodies of sports competition organizers) met at the Council's initiative, with the aim of adopting a charter of ethical commitments designed to avoid any distortion of broadcasts, particularly sports broadcasts. Indeed, since the opening up of the online gaming market, the content of certain sports programs, particularly on the radio, has sometimes been distorted. This tends to promote sports betting and encourage the public to gamble, accompanied by lists of expected winnings. The charter was signed on July 11, 2013. The Autorité is vigilant to ensure that the commitments made by the players concerned are properly applied, and invites on-demand audiovisual media service editors to subscribe to them.

I.Definitions relating to 3° of article L. 320-12 of the French Internal Security Code

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

On-demand television, radio and audiovisual media 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, where appropriate, in the agreement with the French regulatory authority for audiovisual and digital communication;
• 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 Autorité in its mission to enforce a law, and do not preclude a 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. On-demand audiovisual media services and television programs presented as being aimed at persons under 18.

On-demand television and audiovisual media 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 as characters, the themes affecting children and teenagers, the language used, the action manager, etc.are all taken into account ;
• for television services, the program's diffusion at times appropriate for these audiences;
• the specific packaging of the program, 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, i.e. children and teenagers, are defined according to the following set of criteria:

• the design of the program for children or teenagers. In particular, the involvement of youngsters in the listening audience, 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 targeting 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;
• 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 give players a clearer idea of the guidelines that guide the Autorité in its task of enforcing the 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, radio and on-demand audiovisual media services and in certain programs

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

• on television, radio and on-demand audiovisual media services presented as being aimed at persons under 18 within the meaning of I of this resolution, in accordance with article L. 320-12 , paragraph3 of the FrenchInternal Security Code;
• on other television, radio and on-demand audiovisual media services, in programs presented as being aimed at persons under 18 within the meaning of I of the present resolution, in accordance with3oof article L. 320-12 of the French Internal Security Code, as well as during the thirty minutes preceding and following the broadcast of these programs on other television and radio services only. In the case of on-demand audiovisual media services not specifically aimed at persons under 18, but including a dedicated area for them, the ban on all commercial advertising for gambling operators applies to this entire area.

B. Other schemes

Advertising and sponsorship for gaming operators comply with the provisions of Decreeno. 92-280 of March 27, 1992 laying down the general principles defining the obligations of service editors with regard to advertising, sponsorship and teleshopping, Decreeno. 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, and Decreeno. 2021-793 of June 22, 2021 relating to on-demand audiovisual media services.

The Authority assesses the compliance with these schemes of incentives for live betting that might take place 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.

Article 14-1 of the law of September 30, 1986 makes provision for ARCOM to " set the conditions under which the programs of audiovisual communication services, with the exception of news and current affairs programs, consumer affairs programs, religious programs and children's programs, may include product placement ". These conditions 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

All depictions of persons under 18, whether or not they are in a purchasing situation, all representations of persons under 18 in a purchasing situation, and all incitement of persons under 18 to play games of chance must be excluded.

Commercial communications must not make gambling particularly attractive to minors, in particular through visual, audio, verbal or written elements, 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, nor encourage them to consider gaming as a natural part of their leisure activities.

3. Fighting addiction

In accordance with article D. 320-2 of the French Internal Security Code, any commercial communication in favor of a gaming operator must be accompanied, under the conditions set by decreeno. 2020-1349 of November 4, 2020, by a message warning against the risks associated with gambling. This message, which must appear on every advertising or promotional medium, includes the number of the online communication service for the public support schemes for gamblers set up under the responsibility of the French National Public Health Agency.

It is presented in an accessible and easily legible manner, in keeping with its public health purpose and clearly distinguishable from the accompanying advertising or promotional message.

Commercial communications, on the content of which the Authority will exercise its statutory powers, must abide by article D. 320-9 of the French Internal Security Code.

Deliberationno. 2013-3 of January 22, 2013 relating to the conditions of diffusion, by television and radio services, of commercial communications in favor of gambling operators is abrogated. The present resolution is applicable throughout France. Its schemes relating to

on-demand audiovisual media services will be effective from the end of the notification procedure provided for in the Directive of the European Parliament and of the Council of September 9, 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services.

It will be published in the Official Journal of the French Republic. Paris, October 19, 2022.

For the Autorité de régulation

de la communication audiovisuel et numérique :

Le président,

R.-O.MAISTRE