Macau – Good Practices On Gambling Advertisement Guidelines.

10 June 2020
 

Following recent concerns on the increase of gaming disorder cases in the country, on April 24th, 2020, Portuguese Gambling Authority (Serviço de Inspecção e Regulação de Jogos) passed the Good Practices on Gambling Advertisement Guidelines (Manual de Boas Práticas à Publicidade de Jogos e Apostas) (hereinafter “Guidelines”) targeting casino and bingo halls land based concessionaires as well as licensed online operators. The Guidelines main focus is to set several recommendations on the advertisement gaming operations in a responsible manner. 
 

At the same time, the Guidelines are also set to complement and to clarify certain subjects addressed by the Portuguese Advertisement Code namely in the context of gaming industry which is also in line European Commission Recommendation on Online Betting Advertisement, dated of 14th July 2014. 
 

The Guidelines include a set of general recommendations that any type of gambling advertisement should follow, a specific protection regime on minors (limiting advertisement in events where minors are likely to participate) and self-excluded players. Under the Guidelines there is also section dedicated to the so called “invitation messages” together with social media and Youtube advertisement. 
 

Moreover, recommendations on time restrictions of gambling advertisement broadcast (advertisement should not take place from 07:00 am to 22:30pm) is also a matter to be emphasized.
 

General Rules
 

Under this paragraph the regulator recommended that advertisement of gaming activities shall not:
 

1. Exhibit, accept or encourage socially irresponsible gambling behaviors that might lead to financial, social or emotional loss;

2. Pressure to gamble or socially belittle or distrust gambling abstinence;

3. Disrespect the truth, misrepresent facts or inserting expressions that do not correspond to true facts;

4. Tolerate or encourage the practice of felonies or behaviors that breach public order;

5. Suggest that gambling may develop personal qualities, such as self-esteem and special aptitudes or enabling social recognition or admiration, namely containing public figures statements to that end;

6. Exploit cultural beliefs regarding gambling or fortune;

7. Suggest that gambling may be a form of distancing from personal, professional or academic problems as well as an adequate mean to get over negative feelings associated with solitude and depression;

8. Suggest that gambling may constitute a solution to financial problems or an alternative to work, as a way to obtain financial security or financial investment;

9. Appeal to aspects related to easy profit;

10. Suggest that gambling may constitute a priority in life overtaking family, friends or professional or academic commitments; 

11. Suggest that online gambling is more profitable than land-based gambling, or vice versa;

12. Create the illusion that a person may earn high amounts from gambling;

13. Claim that gambling is free of financial risks;

14. Create the idea that skill may influence the outcome of games of chance; 

15. Exploit aspirations, sensibilities, credulity, inexperience or lack of knowledge of minors or other vulnerable subjects;

16. Suggest that gambling is a rite of passage from childhood or adolescence to adult life;

17. Be appealing to children and youngsters, namely linking gambling with juvenile culture or public figures, fictional or real, that may cause admiration sentiments.
     

Encouragement Messages
 

Operators shall refrain from advertising boosting messages concerning gambling, including through promotional offers or bonuses which message may end up misleading player. Usage of expressions such as “Bet Now!” shall be also avoided.
 

Social Media and Youtube Advertisement
 

This form of advertisement should be subject to the same rules of conventional advertisement. In particular, this type of advertisement is subject to a specific set of rules that should be observed when advertising on social media, including: using mechanisms made available by social media platforms to restrict or limit its access from minors; third party advertisers (eg. influencers/brand ambassadors) are also subject to the rules set out in the Guidelines; and all operators’ profiles and websites should be verified by an “official profile” declaration/certificate.  
 

Finally, the Regulator also sets a clear concern regarding advertisement in a socially responsible manner. It is recommended that every gambling advertising campaign or actions shall be added or followed by a general warning message on gambling addiction risks, e.g. “Play responsibly”. 
 

The annexes of the Guidelines disclose several detail information on “forms of advertisement”.