New laws on advertising of the game Australia

Legislation, News Australia
The Government of Australia approves the Royal Decree of Commercial Communications of the Game Activities, which regulates advertising with fines of up to € 1000000

The newly published Royal Decree of Commercial Communications of Game Activities It aims to regulate advertising regarding betting and gambling in Australia, particularly online game. The integral text is available in the BOE of November 4, 2020.

Among the measures it contemplates are the fines for serious infractions between € 100,000 and € 1,000,000 and the suspension of business activity in Australia over a period of up to 6 months, in accordance with the Advertising, Sponsorship and Promotion Law of the Game activity of 2011 (Law 13/2011 of May 27).

For audiovisual communication services providers, the sanctions applied are those of the General Law of Audiovisual Communication, Law 7/2010 of March 31. In this case, its instruction and sanction corresponds to the CNMC.

Main changes

The Royal Decree, which consists of 37 articles, comes into force since November 5, 2020. Below we show a summary of the main novelties that you enter:

  1. Advertisements of game operators and betting on television, radio and internet, restricted from 01:00 to 05:00, from November 5, 2021. In addition these ads must comply with a series of premises, according to the new normative. For example, advertisements can not contain testimonies from award-winning people, nor references to the player's ability.
  2. No famous character (from football players to fictional characters) you can participate in ads from the sector as of April 1, 2021.
  3. Welcome bonds. (uptake) Forbidden from May 1, 2021.
  4. Sponsorship of forbidden sports activities (the contracts in force may maintain until August 2021, and once extinct its renewal will not be possible). This directly affects the usual advertising in t-shirts and sports equipment.

End of online casinos welcome bonuses in Australia

With the new Australian legislation welcome bonds to play online can only be offered to clients that (accumulated) have an open account within at least one month. They will also have to have verified this account documentary and having performed at least 3 deposits. Finally, the bonuses will be limited to € 100.

The Explicit references to the online game:

"In the same way, Internet advertising is relegated to the portals of the operators of the game. Do not enter into this category, profiles in social networks, where game companies can only issue advertising messages to their followers; Neither video exchange platforms such as YouTube, where advertising is relegated to the same schedule as the rest of the advertising supports.

In addition, for greater protection of minors, parental control is included through [of] mechanisms that identify the category of gambling in online advertising. Both in search engines, social networks or video exchange platforms, operators must have instruments that guarantee that, in no case, their advertising is aimed at minors and that there are blocking mechanisms or conceancing concealment.

Regarding the content of the message, in those announcements of gambling or bets that are issued at the allowed schedule, people or characters, real or fictitious, of relevance or public notoriety may not appear. Nor can you transfer the false or misunderstanding of gratuity or lack of permanence of the promotions, nor does it induce confusion regarding the nature of the game. In no case will be allowed to include testimonies from previous, real or figurative beneficiaries, of the promotion; Not to be based on the player's ability. "