Teodora Luca
Senior Associate
Mihai Luca Law Office
More than 12 months after the entry into force of the new legislative rules on activity of gamblingadvertising and publicity, it seemed interesting to us to proceed to a brief analysis of the effects of the newly- introduced provisions, using this opportunity to note the progress made by operators for compliance to the laws, but also to highlight that in terms of public communication, there are still approaches to be revised.
As mentioned in an article before, Romanian law maker has shown particular interest in regulating gambling activity including the public communications perspective, thus the conditions in which the promotion of gambling activity is regulated in art. 12 of the Government Emergency Ordinance no. 77/2009 on organizing and operating gambling:
Publicity and advertising of authorized gambling in the national territory shall be subject to the principles laid down in art. 10 para. (3). The serial number license held by the organization of gambling will be posted in a visible place on the promotional materials. For the comprehension of this article, are not considered actions for advertisement, advertising or promotional actions carried out by the organizers directly inside their location and on their own websites. Advertising through unsolicited electronic transmission of messages containing information on gambling for an unlimited number of individuals is prohibited.
Any doubts about the gambling organizer (legal entity holding the license for organization and authorization to operate the business) possibility to promote its activities, establishing unambiguous conditions for conducting such activities, were removed.
It should be noted that the promotion of the activity of the licensed organizers was permitted also by the previous legislation, the reluctance in the last period before the legislative change of operators and service providers to conduct advertising actions being generated (unfounded) by the series of sanctions imposed by the regulator (either the National Broadcasting Council or the National Gambling Office) to eliminate from public space advertising any unauthorized activity.
To make regulation more efficient and completely exclude the risk that any unauthorized operators can be promoted in Romania, were amended the provisions of art. 26 of the ordinance ~Main contravention sanction~ consisting of a fine of between 50.000-100.000 lei supplemented by the sanction of confiscation of proceeds obtained by committing the offense. Introduction of additional sanctions proved necessary because, in most cases, the fine imposed to the service provider did not prove efficient, the cost being assumed together with the beneficiary.
With the entry into force of the new law, the potential benefits of the service provider could be confiscated by authorities, depriving its activity of interest, which resulted in the removal from the public space of the advertising actions for the unauthorized activity in Romania.
At first sight, the conditions for promotion of business are extremely easy to follow organizers ensuring, in most cases, that the promotional materials comprised include required details (number of license held, ban of minors on participation in the game and the ONJN logo) and they were assessed as sufficient for achieving marketing actions.
The research is of interest to the Compliance Department (legal) of the company when, in determining the content of these materials, they try to implement the principles laid down in the provisions of art. 10 para.3, possibly without seriously affecting the ultimate goal of action – to promote gambling activity.
(to be continued in the next edition)
