Devil In The Detail Of Ireland's Gambling Ad Rules, Say Lawyers

October 29, 2024
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Ireland's long-awaited Gambling Regulation Bill has struck a good balance regarding the advertising it will permit and restrictions aimed at improving consumer protections, say legal experts, but the market will have to wait and see if the new Gambling Regulatory Authority of Ireland introduces additional regulations. 
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Ireland's long-awaited Gambling Regulation Bill has struck a good balance regarding the advertising it will permit and restrictions aimed at improving consumer protections, say legal experts, but the market will have to wait and see if the new Gambling Regulatory Authority of Ireland (GRAI) introduces additional regulations.

Speaking during a panel at the International Association of Gaming Regulators (IAGR) joint conference with the International Masters of Gaming Law (IMGL) in Rome last Wednesday (October 23), Denise Daly Byrne, a partner at Ireland-based law firm A&L Goodbody, said the bill includes the advertising foundations operators active in jurisdictions such as the UK would expect, such as “not targeting children, vulnerable people, or misleading advertising”.

However, “it is within the scope of the regulator to bring in [advertising] regulations. Obviously, the devil will be in the detail,” Byrne said.

The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of the GRAI and introduces a new regulatory and licensing regime to regulate gambling in person and online, including lotteries and other activities and for the regulation of gambling advertising, websites and apps. It is expected to be signed into law by the President this week. 

Two key areas of concern before the bill's passage surrounding advertising were whether or not bonuses would be banned and the impact of a gambling advertising watershed between 5.30am and 9pm.

“Ultimately the act does permit inducements provided that they are not targeted at individuals or individual groups but at the general public. It's striking that balance between ensuring consumer protection and that vulnerable customers are not targeted unduly by allowing operators in the regulated space to advertise their goods within those boundaries,” Byrne said.

When it comes to the watershed, Rawa Kaftan, an associate for the law firm Wiggin, explained that many operators in the UK already adhere to the Betting and Gaming Council’s industry advertising code, which includes a ban on TV betting ads from five minutes before live sport until five minutes after, before the 9pm watershed.

Kaftan said these restrictions were introduced in part to “get ahead of the game” and avoid the government implementing its own restrictions, adding there was “a bit of self-reflection and self-recognition that something had to be done”.

However, he added: “I think it would be self-defeating if you carry on increasing those restrictions.”

“If you have a regulator or market where the conditions are not favorable, you will see a less channelised market and the introduction of the continued prevalence of people going to the black market,” Kaftan said.

Ireland's upcoming regulations also include specific restrictions for different types of platforms or streaming services. 

Audio and visual streaming services, and gambling advertising, are only permitted to users who have a subscription for an account. However, incidental advertising is permitted.

For social media or video-sharing platforms, gambling advertising is only permitted when you have an account and follow the account of an operator.

For text messages and emails, gambling advertising communications are only permitted when customers have opted in and they must be able to opt out.

“These restrictions will create some challenges for technology companies as they try to manage their risks around these types of gambling advertising practices,” Byrne said, but ultimately “all of these obligations are on the licensees”.

Byrne concluded: “The act reflects an appropriate balance where it makes sure that gambling advertising is permitted within the right parameters without creating undue burdens or regulatory risks on operators outside of the industry.”

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