IAGR 2018 Copenhagen ADVERTISING BAN Does that do the trick?

KEY STATEMENTS Limiting the number of operators is the best way to limit advertising and protect players 1 An advertising ban must be proportionate, suitable for achieving the objective invoked and not go beyond what is necessary 2

Effects of gambling advertising and Belgian opinion about it : study conclusions GAMBLING GENERALLY HAS A BAD REPUTATION AMONG BELGIANS 28% of 18-65 year olds believe that gambling should be banned For slightly >50% of the 18-65 age group, gambling should be discouraged. 69% believe that there are currently too many gambling opportunities 59% of 18-65 year-olds agree with the statement that advertising for bets and games of chance should be banned completely Even advertisements for the weekly draw games of the National Lottery are suddenly seen as negative, while this has never been an issue in the past decades STUDY : (ONLINE) GAMBLING NEW OPPORTUNITIES, NEW THREATS Jan Velghe, Oct 2017

BRUTO MEDIA SPENDINGS Evolution private sector in Belgium MILLIONS EUROS 2010 Gaming Act allowing online sportsbetting and casino’s

KEY STATEMENTS Limiting the number of operators is the best way to limit advertising and protect players 1 An advertising ban must be proportionate, suitable for achieving the objective invoked and not go beyond what is necessary 2

EU Court of Justice “However, although the Member States are free to set the objectives of their policy on betting and gaming and, where appropriate, to define in detail the level of protection sought, the restrictive measures that they impose must nevertheless satisfy the conditions laid down in the case-law of the Court as regards their proportionality.” “The restrictive measures imposed by the national legislation should therefore be examined in turn in order to determine in each case in particular whether the measure is suitable for achieving the objective or objectives invoked by the Member State concerned and whether it does not go beyond what is necessary in order to achieve those objectives.” JUDGMENT OF 6. 3. 2007 — PLACANICA C-338/04, C-359/04 AND C-360/04

Is a general advertising ban suitable for achieving the objective or objectives invoked by the Italian government? Does it go beyond what is necessary in order to achieve those objectives?

Games of chance have different risk factors & risk levels SHORT ODD / LONG ODD HIGH OF LOW PAY OUT ILLUSION OF CONTROLLING THE GAME / SKILL VS NO SKILL SHORT TIME GAPS BETWEEN EACH GAMBLE FACILITY TO CHASE LOSSES (CONTINUOUS PLAYING) THE ELAPSED TIME WHEN PLAYING A SESSION SOUND AND COLOR EFFECTS PLAYING LIMITS (NUMBER OF GAMES, SPENDINGS) SOCIAL CONTROL …

Risk based approach Higher risk = stricter regulation Channelling the consumer = no market expansion = take into account the sorts of illegal advertising or advertising for high risk games Keep the boundaries between the different types of games

Belgian upcoming legislation ADVERTISING FOR ONLINE CASINO GAMES: Only on the website on which the operation of these games is authorized Only personalised advertising (direct marketing) Advertising for bonuses only on the website where the operation of these games is authorized / No cashbask or free spins in the event of a loss ADVERTISING ONLINE BETTING: No advertising during live coverage of sporting competitions No advertising just before or after programmes aimed at children and minors No advertising before 20:00h unless sporting programmes are being broadcast Advertising for bonuses only on the website where the operation of these games is authorized / No cashbask or free bets in the event of a loss

To conclude Limiting the number of operators is the best way to limit advertising and protect players 1 An advertising ban must be proportionate, suitable for achieving the objective or objectives invoked and not go beyond what is necessary 2