The protection of minors and preventing their access to gambling are both a priority and a significant challenge for operators in the gambling industry. However, achieving these objectives can become particularly difficult in the absence of a clear and coherent legislative framework that allows for uniform application of regulations by operators. Faced with the limits of regulation, self-regulation can become an opportunity for the industry to pave the way towards a robust and sustainable safeguard model.
In a context marked by a increasing concerns from operators, regulators and civil society representatives regarding the impact of gambling activities, attention is focused on two essential aspects: 1) commercial communications and 2) the actual access of minors to these activities. One question that arises is: to what extent can self-regulation function as a legislative supplement to ensure the necessary measures for upholding the principles of protection of minors?
In Romania, the Code of the Romanian Advertising Council ("RAC Code") represents a valuable starting point in the self-regulation of commercial communications in various fields. However, the current version of the RAC Code does not elaborate on the means by which the protection of minors from access to gambling can be specifically implemented, particularly considering new challenges such as the influence of social media and the increased accessibility of advertising content in the digital environment.
Against this background, we aim to analyze how current legislation, regulatory practice and the standards developed by self-regulatory bodies, such as the RAC Code, can help to standardize operators' approaches.
The protection of minors and the prevention of their access to gambling activities are regulated under Article 10 para. 3) letter (i) of G.E.O. no. 77/2009 on the organization and operation of gambling ("G.E.O. 77/2009"). Although regulated in principle in the primary legislation, secondary legislation in the field of gambling, namely the 2016 Methodological Norms on the implementation of G.E.O. 77/2009 (the "Methodological Norms"), are limited to regulating a few express prohibitions aimed at minors' access to gambling activities carried out in specialized locations ("land-based")"), without paying the same attention to the aspects of online gambling.
In what concerns the promotion of gambling, Article 6 para. (1) of the Methodological Norms provides that promotional activities carried out on the national territory must be carried out in compliance with the principles regarding the protection of minors and responsible participation in gambling.
The provision of the legislation specific to gambling is transposed in an almost identical manner in the RAC Code, which in Article 37.2 provides the following: "The communication on the promotion of gambling activities must be carried out in compliance with the principles regarding the protection of minors and responsible participation in gambling."
Therefore, neither the gambling legislation nor the RAC Code specifies concrete methods for ensuring adequate compliance with the principles of protecting minors and preventing their access to gambling activities. The Methodological Norms establish in the same Article 6 para. (1) that Promotional materials may not be placed in or on the premises of educational institutions, socio-cultural or religious establishments and shall visibly include the prohibition of minors from participating in gambling.
While this rule is both logical and necessary, is it truly sufficient? Over time, the epicenter of our attention has gradually shifted from the 'real' world to the cyberspace, where the barriers to creativity are constantly being redefined. The challenges posed by social networks and the easy accessibility of digital advertising content highlight the need to adopt concrete measures to ensure enhanced protection of minors (and adolescents in particular) with regard to gambling activities. Online platforms enable access to content for vast audiences, and this means that minors can easily be exposed to advertising messages that promote gambling activities. meaning minors can easily be exposed to advertisements promoting gambling. In light of this reality, gaps in legislative regulation may prove to be obsolete.
That becomes all the more relevant as compliance with the principles on the protection of minors in the promotion of gambling is not exclusively monitored by the gambling regulatory authority. The National Audiovisual Council has become, through recent practice, an additional supervisory body, intensifying its oversight over the compliance with the principle of protecting minors in promotional materials and online gambling content.
These challenges require rapid and continuous adaptation, and self-regulation may unfold as a promising solution to respond (at least partially) to these emerging needs. Without losing sight of the fact that such an approach involves a joint effort on the part of operators to join a self-regulatory body (or agree on a code/set of rules in this regard), the advantages could be significant.
- Self-regulation is based on the commitment to adhere to a set of ethical standards and, potentially, uniform technical measures, avoiding reliance on direct legislative intervention. Such a strategy would allow operators to quickly adapt their practices to the new realities of the market and society, without being constrained by delayed or insufficiently detailed legislative solutions.
- A robust set of self-regulation standards could establish uniform practices and measures, fostering collaboration between operators and regulatory authorities to ensure a clearer legislative framework.
In the context of the expansion of the digital environment and forms of advertising, self-regulation may serve as a tool with potential to fill legislative gaps, offering fast and flexible solutions, tailored to new technological and social challenges. Adherence to codes of ethics shapes a collaborative strategy that has the potential to create a solid model of good practices, based on which the gambling industry can achieve a clearer direction in advertising responsibility and the protection of minors.
This article was prepared forCasino Inside magazine.
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