888 first operator to fall foul of new Italian ad restrictions
Advert for 888's Italian slot offering deemed in breach of advertising legislation " first time regulations have come into force since being introduced in January 2013
A television advertisement for 888’s Italian slot offering has become the first to be ruled to be in breach of Italy’s new gambling advertising regulations.
The ad showed a player gambling on a slot game, and being showered with gold coins when they hit the jackpot. This was seen as giving viewers the false expectation that gambling was a way to make money quickly, which in turn would prompt people to underestimate the risks of gambling addiction.
In addition, the fact that the player was showered with coins was judged to imply that people could use gambling as a quick-fix solution to financial issues. Despite the fact that responsible gambling statements were clearly included in the advert, the Court of the Institute of Advertising Self-Regulation decreed that the ad was in breach of regulations.
It is currently unclear whether 888 will be hit with a fine, or have the ad banned from broadcast and a spokesman for 888 was unavailable for comment at the time of writing. Lawyer Giulio Coraggio of DLA Piper commented that the decision was especially notable as it was the first example of gambling legislation being tested, but added that operators could argue that “if [one] offers a major jackpot it should be able to advertise it.”
“It might be argued that such decisions are in breach of the general principle of freedom to perform business since advertising is an essential part of a business,” he explained. The legislation, which came into force in January, bans airing gambling adverts during TV, radio or cinema broadcasts that are likely to be watched predominantly by children.
It also forces operators to ensure that information on payout percentages and warnings about the risks of problem gambling are prominently displayed on the ads. Most controversially, operators are forbidden to advertise in a manner which prompts “incitement to gamble or exaltation of the practice”.
Serious breaches of the advertising standards can see operators or media owners hit with a fine of up to 500,000 by the Autorità Garante della Concorrenza e del Mercato (Competition Authority). Writing for eGaming Review in September last year, Coraggio expressed concerns over this tenet, pointing out that “based on a literal interpretation” of the provision, “operators might be prevented from performing any kind of advertising campaign”.
“Indeed, any ad of a gambling website per se encourages to play on its platform and for instance the banner where a welcome bonus is promoted could be deemed to create a “incentive” to gambling,” he explained. Coraggio then pointed out that the new legislation effectively made Italian regulator AAMS the country’s gambling advertising regulator, with the responsibility “to decide on the legality of gambling ads without having any case law or precedents to rely on”.
The news comes as the UK’s Avertising Standards Authority has banned an advert for 888’s LuckyAcePoker brand, deeming it “misleading”. Adverts on a social networking site for the brand offered players a £10 sign-up bonus, but did not clearly state that this was only available to customers that did not have an account with a different 888 brand.