Newsletter 7

04 Jan 2012

Promotion of gambling

This newsletter of 4 December 2011 concerns the rules for promotion of gambling.

The Danish Act no. 848 of 1 July 2010 on Gambling comes into force by 1 January 2012.

Only game operators with a license are allowed to advertise games.

Section 36 in the Gambling Act concerns requirements to the marketing of games, when having a license.

The section reads as follows:

36(1). The marketing of games:

  • Shall present the chance of winning in a correct and balanced way so as not to create an impression that the chance of winning is bigger than it actually is;
  • Shall focus on games as a form of entertainment;
  • Shall not be aimed at children and young people under the age of 18, neither in its communication form nor in the choice of media;
  • Shall not by using well-known personalities suggest that participation in games has contributed to their success when that is not true and
  • Shall not have a content that conveys the impression that participation in games helps provide a solution to financial problems or improves the player's social acceptance. 

Violation of section 36 may result in a penalty for the holder of the license.

Besides being regulated by the Gambling Act, advertisements are also regulated by the Marketing Practices Act, in regard to which the Danish Consumer Ombudsman supervises compliance with.

The Marketing Practices Act stipulates provisions regarding misleading marketing, comparative marketing, marketing aimed at children and young people and sales promoting measures. Good marketing practices is also covered by the Act, which means that considerations to consumers, other traders and general interests of society must be taken into account when advertising.

Violation of the rule in the Gambling Act will normally also involve a violation of good marketing practices.

According to the explanatory notes to the individual provisions of the Bill for a Regulation of Gambling Act, it is necessary to set limits on the marketing of games that go beyond the limits set by the provisions of the Marketing Practices Act. This is in recognition of the fact that the provision of games is a sensitive area where aggressive marketing of gaming products can directly generate an excessive consumption and increased dependency on gambling, in particular vulnerable groups of the population.

The Danish Gambling Authority will establish an informal cooperation and knowledge sharing with the Danish Consumer Ombudsman, regarding the marketing of games.

According to section 59 (5) (iv) a penalty of a fine may be imposed on anyone who gives publicity to games or game operators that do not hold a license. Advertising and publicity cover the receipt of sponsorships from illegal game operators.