France

[FR] Advertising for Gambling - New Deliberation by the CSA

IRIS 2011-6:1/19

Amélie Blocman

Légipresse

Drawing conclusions from the first year of the application of the Act of 12 May 2010 organising an opening up of competition for online gambling, and taking documented practice into consideration, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) has issued a new recommendation on the conditions for radio and television stations broadcast of advertising for operators of gambling and games of chance. Article 7 of the Act of 12 May 2010 leaves the CSA the job of determining the conditions for broadcasting advertising, sponsoring, and product placement in favour of operators of gambling and games of chance, although this is prohibited during programmes aimed at minors. An initial deliberation, applicable until the end of April, was adopted on 18 May 2010 (see IRIS 2010-7: 21)

The CSA noted firstly in its new deliberation that the evolution in the content of certain sports broadcasts, particularly on radio, sometimes resulted in the distortion of these programmes, with the promotion of betting on sports events and encouragement to the public to play, accompanied by references to the prize money they could hope to win. The CSA called on the various parties involved (service editors, the organisation representing the sports journalists’ profession, operators of gambling and games of chance, and the umbrella bodies for the organisers of sports competitions) to adopt a charter of ethical commitments. These should cover the need to separate content relevant to reporting on the sports event from content linked to betting during the programmes.

The CSA is keen to combat “unidentified advertising”, as for example when betting on sports or horse racing is mentioned in a broadcast sponsored by a betting operator. The deliberation also gives more details of the ban on encouraging minors to gamble and play games of chance. The advertisements must not make gambling the games of chance particularly attractive to minors, nor feature celebrities, characters or heroes from the world of children and teenagers, or who are particularly well-known to these groups. Similarly, advertisements should not lead anyone to believe that minors had the right to play. The deliberation will remain valid until 30 June 2012. Before that date, the CSA will adopt a new deliberation, on the basis of documented practice and the experience acquired during this period, and on observance of the good conduct charters signed by the professionals.


References

  • Délibération du CSA n° 2011-09 du 27 avril 2011 relative aux conditions de diffusion, par les services de télévision et de radio, des communications commerciales en faveur d'un opérateur de jeux d'argent et de hasard légalement autorisé, JO du 30 avril 2011
  • http://www.csa.fr/infos/textes/textes_detail.php?id=133284
  • CSA Deliberation No. 2011-09 of 27 April 2011 on the conditions for broadcasting advertisements on radio and television in favour of a lawfully authorised operator of gambling and games of chance, gazetted on 30 April 2011

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.