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Deliberation of April 27th, 2011 relating to the terms of dissemination of the commercial communications in favour as of operators of games of money and chance

Publication date: Wednesday, April 27, 2011


Deliberation n° 2011-09 of April 27th, 2011 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
  
 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 methods of has pplication 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 of the 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.
  
 The present deliberation makes following 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 chance legally authorized, applicable, in accordance with the deliberation n° 2011-3 of January 11th, 2011, until April 30th, 2011. It takes into account the practices noted by the Council and the conclusions drawn from the first year of application of the law.
  
 At the request of the Council, the televised advertising agencies, U does not leave, and the editors of radio and their advertising agencies, in addition, signed, January 7th and 31st, 2011, of the charters of good behavior aiming at framing the volume and the concentration of the commercial communications in favour as of legal operators of games of money and chance. The Council will be vigilant as for the application of these charters. If it notes drifts in the practices, it books the possibility of imposing in a later deliberation of the precise rules framing the volume and the concentration of these commercial communications.
  
 Since the opening of the market of the online games, the evolution of the contents of certain emissions, in particular radiophonic, devoted to the sport leads sometimes to a denaturation of these programs. This one tends to a promotion of the activity of sporting bets and to an incentive made to the public play, accompanied by references to hopes of profits.
  
 In order to avoid any denaturation of the emissions, the Council asks the various recipients (editors of services, organization representative of the occupation of sports correspondent, operators of games of money and chance, federator authorities of the organizers of sporting events) of has dopter a charter of ethical commitments.
  
 These commitments will relate in particular to the necessary separation, in the programs, between contents concerning the sporting information (which could however, in circumstances to specify, include only one quotation of dimension) and contained related to the bets. The signatories will also take care to frame the double activity of sporting or horse consultant and consultant on the sporting or horse bets. The same approach will be applied to the consultants or players of poker, by taking account of has ttrait particular of this game for the minors.
  
 In any assumption, moderation must prevail so of the incentives to play are formulated.
  
 The Council will mention these commitments in the report which it must return to the Parliament before November 14th, 2011, in accordance with article 8 of the law of May 12th, 2010.
  

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 as has itself drawing up with 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 has udiovisuel;
  
 - 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 being addressed 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 as has itself drawing up with 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. The programs of the services of radio operator presented as is had drawing up with 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.
 

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.
  
 He appreciates conformity with these provisions of the incentives to the live bet which would take seat in emissions.
  
 When a sporting or horse bet is evoked in an emission sponsored by an operator of bets, to refer to “the” dimension of a test or a race can constitute a publicity not identified in favour of the godfather of the emission. It is recommended that is mentioned an average dimension or, failing this, several dimensions emanating of various operators.
  
 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 of the minors to play games of has rgent and of chance.
  
 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. This notoriety can result from the participation of the personality, the character or the hero to promotional actions (advertisements, sponsorships, promotional demonstrations of the brands, etc) with the specific intention of the minors for products or services which are intended to them, when this participation is concomitant with the diffusion of the commercial communications in favour of an operator of games or takes place in the year preceding this one.
  
 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 n° 2010-624 of June 8th, 2010, 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 é ducation 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 June 30th, 2012.
  
 The Council will adopt before this date a new deliberation while being melted on the noted practices and the experience gained during this period, like on the respect of the charters of good behavior signed by the professionals.
  
 The present deliberation will be published in the Journal officiel de la République française .
 
 Fact in Paris, on April 27th, 2011.
 For the Superior council of the audio-visual one:
 The president,
 MR. BOYON
  
  

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