Malta

[MT] Requirements Regarding Gambling Advertisements

IRIS 2007-2:1/29

Kevin Aquilina

Faculty of Laws, University of Malta

On 1 February 2007, the Malta Broadcasting Authority Directions to Broadcasting Services Imposing Requirements as to Gambling Advertising and Methods of Gambling Advertisingwill enter into force. The main objective of these Directions - which are mandatory - is to ensure that gambling advertisements on Maltese broadcast media are socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising which features or promotes gambling. The Directions also seek to promote appropriate ethical standards in the content of this category of advertising.

Gambling is defined as including gaming, remote gaming, betting, playing an authorised game under the Maltese Lotteries and Other Games Act, the Maltese Gaming Act, the national lottery, commercial bingo halls, Internet gaming, and other forms of licensed gaming. Excluded from this definition is gaming carried out for a philanthropic, charitable or other social purpose, which the Broadcasting Authority may from time to time approve, as well as such gaming carried out in conformity with, and, regulated by the Broadcasting Authority’s Directive on Conduct of Competitions and the Award of Prizes on the Broadcasting Mediaor any other provision in the Lotteries and other Games Act or any subsidiary legislation made there under regulating broadcasting media games.

The Directions provide for two distinct watersheds. As far as television is concerned, the Directions require that television stations do not broadcast any gambling advertisements between 6.00 a.m. and 7.00 p.m. and that when gambling advertisements are broadcast between 7.00 p.m. and 6.00 a.m., they cannot be broadcast during, or immediately prior to or after, children’s programmes, or those programmes directed at, or likely to be of particular appeal to, children.

Concerning radio, the Directions establish that radio stations cannot broadcast any gambling advertisements between 6.00 a.m. and 9.00 a.m. and between 2.00 p.m. and 7.00 p.m. When gambling advertisements are broadcast between 9.00 a.m. and 2.00 p.m. and between 7.00 p.m. and 6.00 a.m., they again cannot be broadcast during, or immediately prior to or after, children’s programmes, or those programmes directed at, or likely to be of particular appeal to, children.

The Directions also list what type of advertising content is not permissible to be aired by television and radio stations in gambling adverts.