Bulgaria proposes wide-ranging gambling ad ban

The Bulgarian Government has submitted a draft law to the European Commission that would institute a ban on direct and indirect advertising of all gambling activities to its citizens.

Democratic Bulgaria, the political party which authored and sponsored the bill, said current legislation does not provide “A systematic approach to licensing and post-licensing control over organizers of various gambling games.

“The drafting of this law amending and supplementing the Gambling Act is dictated by the increasing tendencies for  cross-border and domestic betting via internet, mobile telephony and television, including online lotteries and games at a distance”

Under the draft law, the advertising of gambling games, “including the advertising of such games aimed at minors, and the sending of unclaimed e-mails to an unlimited number of persons, containing information on a gambling game” is prohibited.

The draft law makes it permissible to declare the name of the game, the registered trademark of the organiser, the number of draws taking place and the preliminary announcement of the type and number of prizes from the draws.

Any advertisement of this type may only be broadcast by electronic media only after 10 o’clock in the evening. No data on winners, whether they have given their consent or otherwise can be broadcast.

Gambling operators who violate these laws will be liable for a financial penalty of 1% of their revenue for the preceding law, but not less than BGN 50,000 (£22,731).

Legal entities who publish, broadcast or distribute an advertisement which violates the new laws can be penalized by a penalty of 150% of fee received for the publication, broadcasting or distribution of the advertising, but not less than BGN10,000 (£4,545).

The draft law also limits potential sponsorship by licensed gambling operators to activities which support sport, culture, health, education and social work.

In addition to the advertising restrictions, organisers of gambling games are obliged to make annual contributions for “socially responsible conduct”, with different percentage amounts required for each type of gambling activity.

Under the draft law, organisers of online betting must pay 3% of the difference between the value of the received bets and the winnings paid, and for games for which fees and commissions for participation are collected from the value of the received fees and commissions, but not less than BGN 50 000 (£22,731).

Democratic Bulgaria added: “The changes aim to harmonise the criteria for organising and distributing gambling without regard to the particular type of game. Our aim is to extend the scope of legal regulation to provide legal protection to the benefit of society.”