Czechia

[CZ] Gambling Advertising

IRIS 2017-2:1/7

Jan Fučík

Česká televize

On 1 January 2017, the new gambling law took effect. Each provider of gambling has to obtain a basic operating permit, which is issued by the Ministry of Finance. The gambling provider must therefore apply for the relevant authorization. Unauthorized gambling should not be broadcasted or advertised.

Exempted from the new Gambling law is gambling in the form of consumer competitions and other prize competitions. These forms of gambling are now considered to be normal business practice. The law allows the assessment of consumer competition as business practice in general.

Games in the form of calls, SMS, or multimedia messages, which require a registration for participation, are now considered gambling. The law also considers the increased costs for these electronic communications services as well as the stake in gambling.

The law also regulates the advertising of gambling. Advertising of gambling and other incentives to participate in gambling must not contain communications that give the impression that participation in gambling can be a source of obtaining income similar to a salary or other financial means. Advertising for gambling must not be aimed at minors, minors should not be displayed in such advertising, and the use of elements, means or actions that appeal to minors should not be used. Advertising of gambling must include information on the ban on the participation of minors in gambling and a visible and clear warning as follows: "The Ministry of Finance warns: Participation in gambling can be addictive!" A violation of this provision is an administrative offence. The regulatory authority for advertising in radio and TV broadcasts and on-demand audiovisual media services is the Broadcasting Council.


References


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