REQUIREMENTS AS TO ADVERTISEMENTS, METHODS OF ADVERTISING AND DIRECTIONS APPLICABLE TO GAMBLING ADVERTISEMENTS

REQUIREMENTS AS TO ADVERTISEMENTS, METHODS

OF ADVERTISING AND DIRECTIONS APPLICABLE

TO GAMBLING ADVERTISEMENTS

SUBSIDIARY LEGISLATION 350.25

REQUIREMENTS AS TO ADVERTISEMENTS,

METHODS OF ADVERTISING AND DIRECTIONS

APPLICABLE TO GAMBLING ADVERTISEMENTS

22nd March, 2007

GOVERNMENT NOTICE 407 of 2007, as amended by Act XVI of 2018

and Legal Notice 483 of 2020.

The title of these requirements is the Requirements as to

Advertisements. Methods of Advertising and Directions applicable

to Gambling Advertisements.

Introduction

1.1 These Requirements as to Advertisements, Methods of

Advertising and Directions have been made by the Broadcasting

Authority in virtue of article 19(3) and (5) of the Broadcasting Act,

Chapter 350 of the Laws of Malta.

Objectives

2.1 The main objective of these Directions is to ensure to

ensure that gambling advertisements in the local broadcasting

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 that features or promotes

gambling. The Directions also seek to promote appropriate ethical

standards in the content of this category of advertising.

2.2

Repealed by Legal Notice 483 of 2020.

Applicable Legal Provisions

3.1 The applicable legal provisions are article 19(3) and (5) of

the Broadcasting Act (Chapter 350) of the Laws of Malta.

Definitions

4.1 For the purpose of these Directions, "gambling" means

gaming or remote gaming or betting or playing an authorised game

under the Gaming Act and, without prejudice to the generality of

the foregoing, includes the national lottery, commercial bingo halls,

Internet gaming, betting and other forms of licensed gaming; but

does no t i ncl ud e ga mi ng carri ed o ut f or a phi lan th ro pic or

charitable or other social purpose which the Authority may from

time to time approve, as well as such gaming which is carried out in

conformity with and is regulated by the Broadcasting Authority’s

directive on Conduct of Competitions and the Award of Prizes on

the Broadcasting Media or any other provision in the Gaming Act or

any other regulatory instruments issued thereunder regulating

broadcasting media games.

REQUIREMENTS AS TO ADVERTISEMENTS, METHODS

OF ADVERTISING AND DIRECTIONS APPLICABLE

TO GAMBLING ADVERTISEMENTS

Directions

5.1 Television stations shall not broadcast any gambling

advertisements between 6:00am and 7:00pm. When gambling

advertisements are broadcast between 7:00pm and 6:00am, they

shall not 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.

5.2 Radio stations shall not broadcast any gambling

advertisements between 6:00am and 9:00am and between 2:00pm

and 7:00pm. When gambling advertisements are broadcast between

9:00am and 2:00pm and between 7:00pm and 6:00am they shall not

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.

5.3 When gambling advertising is not allowed in terms of

paragraphs 1 and 2 above, the sponsorship by any gambling

licensee of any p rogramm e or ad vert ai red on any radio o r

television station is prohibited.

5.4 When gambling advertising is allowed in terms of

paragraphs 1 and 2 above, broadcasters shall not air any advert that

i.

encourages any person to contravene a gaming law; or

ii.

shows persons under eighteen

years

or

other

vulnerable persons gambling; or

iii. encourages or targets persons under eighteen years or

other vulnerable persons to gamble; or

iv.

is likely to be of particular appeal to persons under

eighteen years or other vulnerable persons, especially

by reflecting or being associated with youth culture; or

v.

exploits the susceptibilities, aspirations, credibility,

inexperience or lack of knowledge of persons under

eighteen year or other vulnerable persons; or

vi.

is false or untruthful, particularly about the chances of

winning or the expected return to a gambler; or

vii. suggests that gambling is a form of financial

investment; or

viii. portrays, condones or encourages gambling behavior

that is socially irresponsible or could lead to financial,

social or emotional harm; or

ix.

suggests that skill can influence games that are purely

games of chance; or

x.

promotes smoking or the abuse of the consumption of

alcohol while gambling; or

xi.

implies that gambling promotes or is required for

social acceptance, personal or financial success or the

resolution of any economic, social or personal

problems; or

xii. contains endorsements by well-known personalities or

REQUIREMENTS AS TO ADVERTISEMENTS, METHODS

OF ADVERTISING AND DIRECTIONS APPLICABLE

TO GAMBLING ADVERTISEMENTS

celebrities that suggest gambling contributes to their

success; or

xiii. exceeds the limits of decency; or

xiv. suggests that gambling can provide an escape from

personal, professional or educational problems such as

loneliness or depression; or

xv. portrays gambling as indispensable or as taking

priority in life, for example over family, friends or

professional or educational commitments; or

xvi. suggests that gambling can enhance personal qualities,

for example that it can improve self-image or self-

esteem, or is a way to gain control, superiority,

recognition or admiration; or

xvii. links gambling to seduction, sexual success or

enhanced attractiveness.

5.5 Without prejudice to the generality of the foregoing, in the

exercise of this provision, the Gaming Commercial Communications

R e gu l a t io n s , a n d a n y o th e r r ul e s p e r t a i ni n g t o co m m e r c ia l

communications, howsoever named, as issued by the Malta Gaming

Authority shall be complied with.

These Directions apply also to teletext services on

television and to the radio data system (RDS) on radio services.

These directions do not prohibit the announcement of

gambling results during any time of the day.