Prohibition of advertising to the game: some nodes to be dissolved

Perhaps, instead of having certainties about the application of the ban on advertising to the games and to Best Casino, looks more at the sanctions that will meet if his rules are not followed. Everyone is afraid of this prohibition and considering that there are very few days to the entry into force "definitive" of what is contained in the dignity decree, all operators are making "research" waiting for Agcom to make new and more updated public guidelines that allow to understand well "how to behave" to follow exactly his dictates. In July, in fact, everyone will be "forced" to follow this blessed ban that is truly alarming, and not a little, the whole game industry and what gravitates around it and that "depends" on the playful sector. So, it seems still to be all at work to try to understand the general effects of the ban, the risks that could be encountered always keeping in mind the first interpretation of the ban, communicated by Agcom who tried to make a minimum of clarity on how and where it is It is possible to distinguish between "advertising and customer information". Doubts are still present and it will be necessary to wait again to have certainties, even if "working in these conditions" and with these doubtful interpretations is not pleasant. But so much: the ban is this and with this the game companies will have to compare.

It is evident, and we seem to have already mentioned in another article, that the first minutes of violation of the ban have already been issued and, therefore, the first investigations started. From a procedural point of view, everything is well identified within the guidelines and for the performance of the supervision, the authority makes use of the collaboration of the Customs and Monopolies Agency, in the ways that will be agreed in a memorandum of understanding, While for the investigation relating to the assessment of violations, the collaboration will be established with the Guardia di Finanza. With specific regulations, the procedures aimed at ascertaining violations and the attribution of the sanctions have been regulated: these proceedings, of course, can also end with the storage if the "chosen" operators occur are in compliance with regard to the contestation that comes carried out by the Authority. The same authority also exercises sanctioning power where it becomes aware of infringements on the complaint of the interested parties, upon reporting of the postal police or telecommunications, the Guardia di Finanza and the territorial inspectorates of the Ministry of Communications.

The procedures are started ex officio and all the preliminary investigation, or assessment, or contestation of the violations are carried out by the competent units and will then be published in the official bulletin of the authority beyond, of course, to be notified to the recipients: for as regards the prohibition of advertising of games, the competent body is the direction of AGCOM audiovisual content. Following the facts ascertained with a possible report notified by the police, AGCOM will activate for the verification of the facts and the provision of the penalties due on the basis of the inflicted violations. But in addition to the provisions relating to the dignity decree, the same authority is called to evaluate whether there is also a violation with respect to what has already been provided for by the so -called "Balduzzi Decree". The failure to comply with the two provisions that have been indicated entails, in addition to the penalties already envisaged, the application of an administrative sanction to the extent of 5% of the value of the sponsorship or advertising for each violation: in any case not less than the amount of 50 thousand $ to be paid by the client, the owner of the vehicle or the diffusion or destination site of the organization of the event or the event.

The prohibition contained in the dignity decree also provides for a "transition" period, in fact it is specified that sanctions cannot be applied to "advertising contracts under execution on the date of entry into force of the decree, until their expiry and, in any case, no later than a year from the date of entry into force of the same decree ". Therefore, in the face of this sufficiently detailed scenario, the first step carried out by the communications authority following the notification of a report of violation of the prohibition of advertising, is to send a letter to the verbalized subject in which clarifications are required on the reported facts, to indicate on what other means of communication were transmitted the contested advertising messages, as well as providing the client's identification data. It is also requested whether these forms of advertising, also to Sports betting online, were made following the contract under execution at the entrance into force of the decree and the specification of the deadlines.

The deadline to answer all the questions that are subjected to "verbalized" subjects is thirty days. But, as mentioned initially, there are still nodes to be dissolved, even if Agcom has adopted the guidelines on the implementation methods of the ban and even if the same has reserved the right to make others to integrate and update them: updates that are waiting for so much apprehension Because the problem is varied and difficult to apply. Now more than ever, given the timing, these updates are to be considered more than appropriate in the light of the questions that still remain open today about the possible interpretations of the rules, but also under the sanctioning aspect. It is not clear, in fact, how and when the sanctions will be applied: for example in the event that the publication of an online advertising banner, advertising deemed illegitimate, the sanction should be considered equal to the minimum amount of 50 thousand $.

But would it be a "one -off" amount or an amount to be multiplied by each day of publication? Or for each "click" made by a user on that same banner? Many doubts still open and difficult to solve. Among other things, to conclude and not to bid more with "fairly technical" data, but which it seems to us to make known even if perhaps boring, AGCOM always through the guidelines has committed to promote forms of co-regulation that foresee the 'Obligation for the managers of social networks and blogs, to remove the advertising of the paid game conveyed in violation of the prohibition referred to in art.9 of the decree ". And hoping that everything can be clarified before July 13th, otherwise there will be still more chaos in the world of games ...

Publication date: June 29, 2019 at 12:00

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