EGBA: new analysis shows EGBA’s responsible advertising code can reinforce national advertising rules

15.05.2020

The European Advertising Standards Alliance (EASA)[1], was mandated by EGBA to conduct a gap analysis exercise, to assess how the new EGBA Code of Conduct on Responsible Advertising for Online Gambling fits in comparison with the applicable regulatory and self-regulatory advertising rules in 15 selected European countries.[2]

The EASA analysis found that the measures introduced by EGBA’s Code are broadly consistent and congruent with national requirements on gambling advertising. In some of the countries, the Code was even found to be overall stricter than the applicable national provisions, with certain parts of the Code considered to be more specific in nature.

EGBA believes the Code can, therefore, reinforce and strengthen existing national regulations for online gambling advertising in European countries. EGBA’s members are already applying the Code’s measures in addition to applicable advertising regulations in the European countries they operate in. The analysis found the Code could be already implemented in 9 of 15 countries reviewed, if local self-regulations were amended to include the provisions of EGBA’s Code.

EGBA intends for the Code to be monitored and enforced by an independent third party. To maximise the potential of the Code, EGBA invites eligible[3] online gambling companies to sign the Code and encourages national online gambling associations to endorse and promote the Code to their members.

“This initial analysis demonstrates how EGBA’s Code can already strengthen responsible advertising measures in a number of European countries. We’re very pleased that EGBA members are committed to apply the Code and demonstrate their commitment to responsible advertising. With its dedicated measures for social media and minor protection, the Code will drive industry standards for responsible advertising and help strengthen consumer protection for European citizens.” – Maarten Haijer, Secretary General.

A summary of EASA’s gap analysis can be found here and some important extracts are below.[4]

 

General

• 13 countries have general and not gambling-specific advertising self-regulatory requirements covering all online media platforms.
• Regulations and self-regulation co-exist in 12 countries, while 3 countries do not have any specific self-regulatory measures on gambling.
• EGBA’s Code could be implemented in 9 of 15 countries, if local self-regulations were amended to include the provisions of EGBA’s Code.

Minor protection

• Only 6 countries have specific legislative rules for protecting minors from viewing gambling advertisements, while in 5 countries there are no legislative or specific self-regulatory rules on gambling advertising to protect minors. EGBA’s Code includes dedicated rules, which, in these countries, could benefit the frameworks for the protection of minors.

Social media

• 13 out of the 15 countries reviewed have no specific requirements for gambling advertising on social media. In this sense, EGBA’s Code can provide a detailed set of measures dedicated for social media.

Sponsorships

• 11 countries do not have any dedicated measures for sponsorship. EGBA’s Code includes a dedicated chapter on sponsorship.

Responsible gambling messaging

• Responsible gambling messaging is not required in 5 countries. EGBA’s Code outlines the obligation for advertisements to carry responsible gambling messages, wherever possible, and foresees the possibility of organising responsible gambling campaigns.

Customer complaints

• Most customer complains about gambling advertising concern bonuses and portrayal of gambling, both issues addressed in EGBA’s Code.

 

[1] EGBA consulted with EASA for advice on its Code but this in no way implies that EASA or its members endorse the Code in any form, which remains under EGBA’s responsibility.

[2] Belgium, Greece, Poland, Bulgaria, Hungary, Romania, Czech Republic, Ireland, Spain, France, Italy, Sweden, Germany, Netherlands, United Kingdom.

[3] Companies who are licensed in the EU, EEA countries or the UK.

[4] Individual countries are not identified in the publicly available summary.