The ban on advertising to the game against European standards

He had anticipated in another article of what he would have discussed the Dignity decree in Malta in Malta in Malta, and it is obvious, as regards the absolute prohibition of advertising to the games and to Betting that the same provision contains. And so it was. The disquisition starts from the salient aspects of the ban that touches all sectors: sporting, cultural, artistic events, television and radio broadcasts, newspapers and periodicals, billboards, computerized, digital or electronic channels, including social media. An absolute prohibition, therefore, on a wide spectrum that will involve the investments of various sectors and which will have (but this is only the opinion of the writer) particularly "heavy" consequences on employment because many companies will be forced to fire those resources found in the communication and marketing sector.

Without taking into account that the penalties contained in the ban "dignity" materialize equal to 20% of the value of advertising on All Casino Or sponsorship and, in any case, will be not less than 50 thousand $ for each violation: here's what the interested parties risk! But in Sigma 2018, of course, there was also talk of what is anticipated in the "prohibition": that is, that within six months from the entry into force of the conversion law, that is, by 12 February 2019, the Government will propose a general reform of the Regulation on Games capable of guaranteeing the elimination of risks connected to the problematic game disorder, the contrast to the illegal game and fraud against tax administrations and in any case, "will ensure at least the stability of relevant revenues for the state". And on the latter part something to say perhaps there would be.

After these premises and this exhibition, even in Sigma 2018 we are looking for some legal foams to which we can be worsened particularly as regards the consistency of the ban with the European law. In fact, there could be the lack of preventive notification of the draft law of the legal decree to the European Commission, with the consequent violation of section 5 of the European directive of 2015/1535 which provides that Member States communicate any variation or project of technical regulation. One could also exist the violation of the right of establishment and provision of services as expected in the treatise on the functioning of the European Union and two also the violation of the judgment of the European Court of Justice on the basis of which the restrictions on freedom of the internal market, must be "adequate, necessary and proportionate".

And there would also be other violated rights such as non -compliance with the license agreements with the American game authority, a conflict between the entire ban and the obligation of the authorized operator to complete the marketing activity of the games exclusively through the chosen channels and carry out information activities for consumers: This is as regards the rules of the game and above all for the protection of legitimate games and the promotion of safe and responsible games. And this would be an "important" violation to which the operators could be "attacked" to "oppose" to the total prohibition of advertising: but it should not be forgotten that on the subject of the ban is expected a specific discipline by AGCOM that it can do light and resolve the critical issues of this important measure. Criticality that today exist and of which clarifications are expected.

But this article cannot be concluded without well mentioning the precise dictates of the European Commission which could perhaps give a "shoulder" to the total prohibition of advertising contained in the now famous Dignity decree. The European Parliament has just approved, in fact, a new EU directive 2018/1808 on 14 November last (already published naturally on the Official Gazette) which also intervenes as regards the measures relating to the advertising of the gambling and which changes the previous directive 13/2010: "The measures adopted by a Member State to implement its national regime on consumer protection, also as regards the advertising of gambling, should be justified, proportionate to the lens pursued and necessary pursuant to of the jurisprudence of the Court ".

The terms "justified and proportionate" can certainly not correlate to the situation of gambling disorder that runs through the American territory: the data that have been collected by various investigations and research carried out by highly considered structures do not recognize such a danger for Consumers and users of entertainment with the game machines to be justified the application of a total ban on advertising to games and bets. This prohibition will obtain, and it is obviously the opinion of the writer for those who still have the "strength" to read us, only the result of destroying a sector that in recent times has taken advantage of the economy of our country and to concretize thousands of places of work that, on the other hand, the state has never managed to guarantee. So what are you talking about? What did our Penta-Strellato vice premier want to do when he studied and put this total ban in the field? Yet the same premier is also minister of work and employment ...

At this point it is not necessary to forget that the European Commission has always left the Member States free to decide what to do on its territories. In doing so, it has maintained a sort of neutrality, consequently respecting the independence of each state: but with this last directive, which concerns the supply of medium audiovisual services, principles and objectives that the states are clearly established, none excluded Od except, they will still have to put into practice, with all due respect to our yellow-green executive who, probably and by virtue of what is defined by the European Commission, will have to take some small step back, albeit unwillingly: provided that, also as regards the game , to our country interests something of what Europe states and you do not want to give "strenuous battle" also in this field to the European Commission!

Publication date: 11 December 2018 at 12:02

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