AGCOM and criticisms of the guidelines on advertising in the game

Unfortunately, we cannot say that Agcom, the guarantor for communications, is passing a good "social" moment: it is targeted by not too flattering opinions on their work relating to the guidelines that have dealt with "unraveling the skein" rather tangled in the 'application of the ban on advertising to games and to Bettingnull No shield has been raised in his favor and nobody who spent a few words of "comfort" for a rather difficult situation to examine and "outlit": the total prohibition inserted in the Dignity decree lends the side to many assumptions, is not clear In its indications and here's why there have been many exclusions from the obligation of this ban. It is probable that exactly this is what makes you discuss: this weakening of the strength of the ban which made a lot "comfortable". Obviously, to the detractors of the public game, of its legitimate companies and its operators. At this point it seemed inevitable that Agcom's leadership did not come out to defend the work of itself and to put order on everything that has been done and what remains to be done for the guidelines.

The criticisms addressed to Agcom also accentuated because the latter sent a report to the government where the critical issues were underlined for the application and monitoring of the ban on advertising. In fact, the most significant problems that have been encountered in the drafting of its guidelines are tangible and in particular have concentrated in the little possibility of applying "in real life and in the real market of public game and Casino his internet"All those regulations that this prohibition entails. In short, it could be said that the total prohibition of advertising is "interesting and beautiful in words" (at least for those who are not in favor of the game, of course), but then you cannot put it into practice as it does not allow you to outline a perimeter , that he is well outlined in his outline, within which to transpire transparently the rules to be applied by the industries of the public game. From this, therefore, the "confusion and the opening to some situations that do not allow to apply the ban imposed by the current yellow-green executive executive was born. It is deduced: not very clear and with non -well -defined contours = not very transparent and not very direct guidelines.

And this does not serve as anyone because of "navigating on sight" you can think that the public game is somewhat tired and very not very well oriented. In practice, Agcom found themselves putting together the descending rules from the total prohibition of advertising with existing rules and this has caused, without forcibly entering specifically so as not to bid those who still read us, a sort of short circuit that certainly requires forms of "Balance" that make the whole of the picture that includes the entire system reasonableness. AGCOM has therefore had to juggle interpretation, make the prohibition introduced recently, asking for further clarifications from the Customs and Monopolies agency, but realizing that the executive must reorganize the entire sector of the gamble If you want to obtain useful results for all participants in the world of public game, bringing to the attention of this thought the same executive, also underlining the persistent problems and suggested some well -defined addresses in view of a next national reform of the sector which, too For AGCOM, it is absolutely impurchable.

It cannot be hidden that these interventions, as well as its guidelines, have not been easy to path, but rather complicated and that perhaps, in the end, they are not satisfying any: "Everything is difficult to implement" and there are also too many " Bayonets in rod ”ready to grasp any movement that can be interpreted, it must be said openly, disadvantage of the government and of those who created and put in place the total ban on advertising. Now, the writer would like to "be in the middle" on this occasion: the ban could be written better, but something was in any case prohibited. It can be remedied everything without any acretine, however, and letting out something positive that can be of usefulness to make the most sustainable game become, with rules that certainly thug the citizens-social ones, but also the game companies with all his own employees. It's not easy, but it can be done. What AGCOM probably would like to underline is that its guidelines intervened because they are requested by the legislator and, above all, which do not intend to circumvent the principle of the law (as some hello recently wrote) but would like to make the provision issued into all its parts impossible from the executive.

Given and clarified these two essential things, if another would be listed, indeed two more: in the specific case, the distinction that the guidelines make between advertising and information on the game that are absolutely two different things and do not want to be deemed a escapade to not fulfill the prohibition rules. And then that before the drafting of these guidelines all the protagonist parts of the public game were asked and heard all those who have requested it in a public hearing in which anyone could participate. To close, then, these lines AGCOM wants to underline once again to be on the side of reasonableness in the application of the rules relating to the ban and intends to take charge of the contradiction that exists between the exercise of an activity covered by a state concession, and therefore absolutely lawful, and the excesses of a commercial communication that reflects this activity. It would therefore not like to be an excessively narrow "grip" of the ban on advertising goes to directly favor the illegal game because this is undoubtedly the intention of the government and of those who issued the provision. Then, of course, of the same can be widely disquisited, counteract and find the points too "weak".

Publication date: August 13, 2019 at 12:00

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