Public consultation on a draft resolution concerning gaming

Public consultation on the draft new ruling on the conditions for diffusion, by television, radio and on-demand audiovisual media services, of commercial communications in favor of a legally authorized gambling operator.

Since the opening up of certain sectors of the online gambling market to competition and regulation by law no. 2010-476 of May 12, 2010, commercial communications on behalf of authorized gambling operators have been permitted under certain conditions.

The law entrusted the French Superior Audiovisual Council (now the French regulatory authority for audiovisual and digital communication (Arcom)) with the task of specifying the conditions for their diffusion. It has done so through a number of deliberations, most recently that of January 22, 2013 (n°2013-3).

Ordinance no. 2019-1015 of October 2, 2019 then reformed and clarified the organization of gaming regulation, notably by creating new provisions common to gaming within the Internal Security Code. Title VII of Decree no. 2020-1349 of November 4, 2020 also clarified the regulation of commercial communications in favor of gambling operators, as well as the procedures for informing players about the risks involved in gambling.

During the Euro 2020 soccer tournament, which took place between June and July 2021, the French National Gaming Authority (ANJ) noted abuses by sports betting operators in terms of advertising pressure. The ANJ then stressed the importance of reducing this pressure and promoting the diffusion of commercial communications that were more protective of the public.

Arcom, taking note of these new texts and the ANJ's guidelines and notices, wished to revise its deliberation n°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 has therefore examined a draft resolution that will replace this one.

The various stakeholders are invited to comment on this draft as part of this public consultation.

Contributions must reach Arcom no later than September 5, 2022 by e-mail.