French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Commercial communications for gambling and gaming operators are authorized under certain conditions by Law No 2010-476 of 12 May 2010 which opened this sector to competition and regulation . This opening concerns commercial communications for authorized game operators, i.e. operators approved by the Online Game Regulatory Authority (Autorité de régulation des jeux en ligne (ARJEL)) or authorized u …

Advertising for the gambling and gaming sector

Commercial communications for gambling and gaming operators are authorized under certain conditions by Law No 2010-476 of 12 May 2010 which opened this sector to competition and regulation . This opening concerns commercial communications for authorized game operators, i.e. operators approved by the Online Game Regulatory Authority (Autorité de régulation des jeux en ligne (ARJEL)) or authorized under an exclusive right (Française des Jeux, Pari Mutuel Urbain).

 Article 7 of Law No 2010-476 authorizes, under certain conditions, audiovisual communication in favor of gambling: it must be accompanied by a warning message against excessive or pathological gambling, and a message referring to a telephone number made available to excessive or pathological gamblers and their entourage . The text also prohibits this type of communication “on audiovisual communication services and in audiovisual communication programs, presented as addressing minors” . Audiovisual communication issued or broadcast in breach of these provisions is punishable by a fine of 100,000 Euros. The court may increase this amount to four times the amount of advertising spending devoted to the illegal activity (Art. 9 of Law No 2010-476).

The advertising regulator CSA, now re-named Arcom, clarified the conditions of broadcast of commercial communications for gambling and gaming operators in a decision of 22 January 2013 . The text covers commercials, sponsorship and product placement.

The regulator defines the services presented as aimed at minors based on a set of criteria : 

-  the purpose of the service, as mentioned in particular in the agreement with Arcom;  

- the characteristics of the program offer;

-  the presentation of the service within a youth thematic in the commercial offer of a distributor; and

- the communication of the service to the public and professionals.

The programs are also defined based on a set of criteria :

-  the design of the program (presence of young characters, themes affecting children and adolescents);

- the broadcast of programs at appropriate times for viewers;

-  the specific graphic presentation of the program, identifying it as being aimed at these viewers;

-  the development or monitoring of the program by the unit in charge of youth within the service;

-  the promotion of the program by the service as being aimed at those viewers.

The regulator adopts a strict interpretation of the ban on broadcasting audiovisual communication for gambling and gaming operators in programs and services presented as being aimed at minors, as it extends the prohibition to the thirty minutes preceding and following the broadcast of this type of program . 

Advertising for gambling and gaming operators obviously must comply with all provisions governing audiovisual commercial communications, that Arcom supplements with a few specific rules  :

- in a program sponsored by a betting operator, in order not to be considered surreptitious advertising for the sponsor of the show, the odds of an event or race possibly mentioned during the program must be average odds or, otherwise, several odds of different operators ;

-  audiovisual commercial communications must clearly identify the advertiser at the origin of the communication and indicate that the gaming and gambling service is legally authorized ;

-  commercial communications must not make gambling and gaming particularly attractive for minors, nor show personalities, characters or heroes of the children's world enjoying a strong reputation with them, nor suggest that minors have the right to play ;

-  the communications must not encourage an excessive practice of gambling .

Any breach of the provisions of this decision may be subject to sanctions under Articles 42-1 , 42-4 , 48-2  and 48-3  of Law No 86-1067.

 Law No 2010-476 of May 12, 2010 on the opening to competition and regulations of online gambling and gaming, OJ of 13 May 2010, 8881.

  Law No 2010-476, Art. 7, 1° and Art. 29.

  Law No 86-1067, Art. 42-1: "If the party subject to the formal notice does not comply with it, the CSA may pronounce against it, taking the seriousness of the breach into account, one of the following sanctions: 

1° The suspension of the publication, broadcast or distribution of the service(s) of a program category, part of the program, or of one or more advertising sequences for one month at the most; 2° The reduction in the duration of the authorization or agreement within the limit of one year;  

3° A financial sanction possibly accompanied by a suspension of the publication or distribution of the service(s) or part of the program; 

4° The withdrawal of the authorization or unilateral termination of the agreement".

In addition, the Audiovisual and Digital Communications Regulatory Authority may decide, while preserving the secrets protected by law, to publish the penalty it has imposed, either in the Official Journal or on an electronic public communication service published by the Authority, or by both means. In its ruling, it specifies the terms of such publication, which must be proportionate to the seriousness of the breach.
In the event of a breach of the obligations resulting from paragraph 3 of Article 27, paragraph 6 of Article 33, paragraph 3 of Article 33-2 or paragraphs II to IV of Article 43-7, the sanction may relate to the same facts or cover the same period as those which were the subject of the formal notice. The formal notice is then determined by a select panel made up of four members of the Audiovisual and Digital Communications Regulatory Authority, with the exception of its president. The panel will only deliberate if at least three members are present. The sanction is imposed by a panel composed of the other five members of the authority, which deliberates only if at least four of its members are present".

  Law No 86-1067, Art. 42-4: “In all cases of breach of the obligations of editors of audiovisual communication services, the Audiovisual and Digital Communications Regulatory Authority may order the inclusion in programs of a statement whose terms and conditions of broadcast it fixes. The Audiovisual and Digital Communications Regulatory Authority asks the person concerned to submit his observations within two clear days of receipt of this request. The decision is then given without implementation of the procedure provided for in Article 42-7. The holder's refusal to comply with this decision is liable to a financial penalty under the conditions laid down in Article 42-2.” 

  Law No 86-1067, Art. 48-2: “If a company mentioned in Article 44 does not comply with the formal notices sent to it, the Audiovisual and Digital Communications Regulatory Authority may pronounce against it the suspension of part of a program for one month at the most or a financial penalty within the limits defined in Article 42-2. The part of the program may, in particular, be a category of program or one or more commercial breaks.

In addition, the Regulatory Authority for Audiovisual and Digital Communication may decide, subject to the secrets protected by law, to publish the penalty it has imposed, either in the Official Journal or on an electronic public communication service published by it, or by both means. It shall determine in its decision the terms of such publication, which shall be proportionate to the seriousness of the breach.
In the event of a breach of the obligations pursuant to paragraph 3° of Article 27, 6° of Article 33 or 3° of Article 33-2, the sanction may relate to the same facts or cover the same period as those which were the subject of the formal notice. The formal notice is then decided by a select panel made up of four members of the Audiovisual and Digital Communication Regulatory Authority, with the exception of its chairman. It shall deliberate only if at least three members are present. The sanction is issued by a panel composed of the other five members of the authority, which deliberates only if at least four of its members are present".

  Law No 86-1067, Art. 48-3: “In all cases of breach of the obligations incumbent on companies referred to in Article 44, Arcom may order the inclusion in programs of a statement whose terms and conditions of broadcast it fixes. Arcom asks the company to submit its observations within two clear days of receipt of this request. The decision is then pronounced without implementation of the procedure provided for in Article 42-7. The refusal to comply with this decision is liable to a financial penalty in the limits defined in Article 42-2.” The refusal of the company to comply with this decision is liable to a financial penalty in the limits defined in Article 42-2."

  Deliberation 2013-13 of 22 January 2013 concerning broadcasting conditions of commercial communications for gambling and gaming operators. This deliberation follows on from Deliberation 2011-09 adopted on April 27, 2011, applicable until January 31, 2013, and takes into account the findings made by the CSA following the first years of application of the Law.

French Consumer Law

101. Advertising for the gambling and gaming sector

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Les notions juridiques connexes

101. Advertising for the gambling and gaming sector

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Les notions juridiques connexes

Demandez un accès gratuit
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