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Deliberation of May 18th, 2010 relating to the terms of dissemination, by the television services and of radio, of the commercial communications in favour of an operator of games of money and legally authorized chance

Publication date: Wednesday, May 19, 2010


Deliberation of May 18th, 2010 relating to the terms of dissemination, by the television services and of radio, of the commercial communications in favour of an operator of games of money and legally authorized chance

 modified by:  Deliberation n° 2011-3 of January 11th, 2011 (Official journal of February 1st, 2011)

[The deliberation n° 2010-23 of May 18th, 2010 relating to the terms of dissemination, by the television services and of radio, of the commercial communications in favour of an operator of games of money and legally authorized chance is extended until April 30th, 2011.]
 ______________________________________
 
 
 The law n° 2010-476 of May 12th, 2010 organizes the opening to competition and the regulation of certain sectors of the market of the games of money and chance online.
 
 The Regulatory authority of online games (ARJEL), independent administrative authority instituted by this law, grants approvals to the operators, controls their activity and takes part in the fight against the illegal offer of online games.
 
 The commercial communications in favour of the operators of games authorized under the terms of an exclusive right or approval allotted by the ARJEL are allowed under certain conditions and limitations defined in article 7 of the law.
 
 In accordance with article 9 of the law, any commercial communication in favour of a site of bets or games of money and unauthorized chance is prohibited and liable to a fine of 100,000 €. The court of competent jurisdiction can carry the amount of the fine to the quadruple of the amount of the publicity expenses devoted to the illegal activity.
 
 In accordance with the same article, any commercial communication in favour of an operator of games of money and legally authorized chance contravening the provisions of article 7 of the law is liable to the same penal sanction.
 
 The failures with the provisions of this deliberation can be the subject, after formal notice, of the sanctions envisaged in articles 42-1, 42-4, 48-2 and 48-3 of the law n° 86-1067 of September 30th, 1986 relating to the freedom of communication.
 
 Under article 7 of the law of May 12th, 2010:
 « Any commercial communication in favour of an operator of games of money and legally authorized chance is:
 (...)
 3° Prohibited on the departments of communication audio-visual and in the programs of audio-visual communication, presented like addressing itself to the minors within the meaning of article 15 of the law n° 86-1067 of September 30th, 1986 relating to the freedom of communication;
 (...)
 A deliberation of the Superior council of audio-visual specifies the terms of dissemination, by the departments of communication audio-visual, of the commercial communications mentioned with the first subparagraph, in particular the modes of enforcement of the 3°. “
 
 The present deliberation, which is applicable to the editors of television services and radio, has the aim of specifying the terms of dissemination of these commercial communications.
 
 It aims at the following commercial communications in favour as of operators of games of money and chance legally authorized under the terms of the law (hereafter called “operators of games”):
 - advertisements;
 - sponsorship;
 - placement of product.
 
 The commercial communications of all the operators legally authorized by the public power are concerned, that it is under the terms of an exclusive right (Frenchwoman of the games, urban mutual Bet), of an authorization (casinos) or an approval delivered by the ARJEL, for the activities on the physical network and online.
 
 Conscious of the risks of addiction related to these games, the Council asks the actors concerned to adopt a charter of good behavior in particular aiming at limiting the volume and the concentration of the commercial communications in favour of these operators.
 
 The Council will take care moreover that the opening to the competition of the market of the online games does not denature the leading contents of the programs, in particular that of the sporting or horse emissions and those which are devoted to the games of circle within the meaning of article 14 of the law.
 
 It will be particularly vigilant on the contents of the commercial communications.
  
 

I. - Definitions relating to the 3° of article 7 of the law of May 12th, 2010
 

A. - Definition of the television services and radio operator introduced like addressing itself to the minors within the meaning of article 15 of the law of September 30th, 1986
 
 The television services and of radio operator presented like addressing itself to the minors, heard like children and teenagers, are defined taking into consideration beam of criteria according to:
 - public concerned;
 - the object of the service, such as it is in particular mentioned in the convention concluded with the Superior council from the audio-visual one;
 - characteristics of the offer of programs;
 - presentation of the service within a set of themes youth in the commercial offer of a distributor;
 - the communication of the service near the public and professionals (website, communication in the press, occupational communication, presentation of the programs by the advertising agency, etc).
 
 These criteria are intended to light the actors on the hot lines which guide the Council in its mission of application of the law and are not exclusive of appreciation individually.
  

B. - Definition of the programs presented like addressing itself to the minors within the meaning of article 15 of the law of September 30th, 1986
 

1. Programs of the television services presented like addressing itself to the minors
 
 The programs of the television services presented like addressing itself to the minors, heard like children and teenagers, are defined taking into consideration beam of criteria according to:
 - design of the program for the children or the teenagers. Could in particular be taken into account the presence of young characters, the sets of themes concerning the children and the teenagers, the language employed, the framework of the action;
 - diffusion of the program to schedules appropriate to these public;
 - the specific preparing of the program, the login like being addressed to these public;
 - development or the follow-up of the program by the unit in charge of youth within the service;
 - the promotion of the program by the service like being addressed to these public (website, communication in the press, professional communication, presentation of the programs by the advertising agency, etc).
  

2. Programs of the services of radio operator presented like addressing itself to the minors
 
 The programs of the services of radio operator presented like addressing itself to the minors, heard like children and teenagers, are defined taking into consideration beam of criteria according to:
 - design of the program for the children or the teenagers. Could in particular be taken into account the intervention of young listeners, the sets of themes approached in the program, the tone and the language employed by the presenters and the listeners;
 - diffusion of the program to schedules aiming these public, in particular in evening for the emissions of free antenna;
 - the specific preparing of the program, the login like being addressed to these public;
 - the nature of the batches offered to the listeners;
 - the recourse to means of communication particularly appreciated by these public (SMS, blogs, social networks, etc);
 - the promotion of the program by the service like being addressed to these public (website, communication in the press, professional communication, presentation of the programs by the advertising agency, etc).
  

3. Modes of enforcement
 
 These criteria are intended to light the actors on the hot lines which guide the Council in its mission of application of the law and are not exclusive of appreciation individually.
 
 The television services and of radio inform the Superior council of audio-visual of the programs which they estimate to answer the definitions above.
  
 

II. - Terms of dissemination of the commercial communications in favour of the operators of games
 

A. - Prohibition of diffusion on certain television services and radio and in certain programs
  
 The above mentioned commercial communications in favour of the operators of games are prohibited:
 - on the television services and of radio operator introduced as addressing itself to the minors within the meaning of the I of this deliberation, the 3° of article 7 of the law;
 - on the other television services and of radio, in the programs presented as addressing itself to the minors within the meaning of the I of this deliberation, the 3° of article 7 of the law, as during the thirty minutes preceding and following the diffusion of these programs.
  

B. - Other provisions
  
 The advertisements and sponsorship in favour of the operators of games respect the provisions of the decrees n° 92-280 of March 27th, 1992 fixing the general principles defining the obligations of the editors of services as regards publicity, sponsorship and armchair shopping and n° 87-239 of April 6th, 1987 fixing for the private services of sound broadcasting diffused by terrestrial hertzian way or satellite the mode applicable to publicity and sponsorship.
 
 The Council appreciates conformity with these provisions of the incentives to the live bet which would take seat in emissions.
 
 The provisions of the deliberation n° 2010-4 of February 16th, 2010 of the Council relating to the placement of product in the programs of the television services are applicable to the placement of product in favour of the operators of games.
 
 All the above mentioned commercial communications in favour as of operators of games must moreover comply with the following specific rules, related to the nature of the promoted services.
  

1. Identification of the commercial communications and their object
 
 The commercial communications must clearly indicate that they offer a service of game of money and legally authorized chance. In the same way, the advertiser at the origin of the communication must be clearly identified.
  

2. Protection of the minors
 
 Must be excluded any production or representation of minors and any incentive from the minors to play.
 
 The commercial communications should neither return the games of particularly gravitational chance and money for the minors, nor to put in scene personalities, characters or of the hero pertaining to the universe of the children or teenagers or having a particularly strong notoriety near these public.
 
 The commercial communications should not let think that the minors have the right to play.
  

3. Fight against the addiction
 
 In accordance with the first subparagraph of article 7 of the law of May 12th, 2010, any commercial communication in favour of an operator of games is matched, under conditions fixed by the decree envisaged at article 7 of this law, of a message of warning statement against the excessive or pathological game as well as message which refers to the their entourage and assistance and information system put at the disposal of excessive or pathological players by the public authorities, under the responsibility of the National institute of prevention and education for health.
 
 The commercial communications, on the content of which the Council will exert competences that it holds of the law, should not encourage with an excessive practice of the game.
  
 

III. - Final Provisions
  
 The present deliberation is valid until April 30th, 2011.

[Deliberation n° 2011-3 of January 11th, 2011]
 

The Council will adopt before this date a new deliberation while being based on the noted practices and the experience gained during this period like on the respect of the voluntary commitments, in particular the charter of good behavior to which the actors will have adhered.
 
 The present deliberation will be published in the Journal officiel de la République française .
 
 
 
 
 
 
 

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