This Section applies to any marketing communication which:
(a) promotes any gambling service or product; or
(b) promotes the name, familiarity or reputation of gambling companies whether or not a gambling product is shown or referred to.
The rules in this Section do not, however, apply to the marketing communications of the National Lottery, which are within remit of the National Lotteries Act, 2013. Such marketing communications are within remit of the other rules of the Code.
The rules in this Section apply to, amongst other things, marketing communications for “play for money” gambling products and marketing communications for “play for free” gambling products that offer the chance to win a prize or explicitly or implicitly direct the consumer to a “play for money” gambling product, whether on-shore or off-shore.
Any marketing communication that depicts or refers to gambling may be considered under the rules of this Section, whether or not gambling is the main product or service being marketed.
The spirit as well as the letter of the rules in this Section apply.
Gambling is defined as
(e) amusement arcade games.
Gaming is defined as playing for a stake in a game of chance for a monetary prize or other form of reward, and includes the playing of games available
Betting is defined as making or accepting a bet (including when made or accepted through a betting service or a betting exchange) on:
(a) the outcome of a race, competition or other event or process, including virtual events,(b) the likelihood of something occurring or not occurring, or
(c) whether or not something is true,
and includes pool betting.
Unless they portray or refer to gambling, this Section does not apply to marketing communications for non-gambling leisure events or facilities (such as, for example, hotels, cinemas, bowling alleys or ice rinks) that are in the same complex as, but separate from, gambling events or facilities.
All marketing communications for gambling services or products shall contain a message to encourage responsible gambling and shall direct people to a source of information about gambling and gambling responsibly.
These rules are not intended to inhibit marketing communications to counter problem gambling where they are responsible and unlikely to promote a brand or type of gambling.
Marketing communications for gambling should not:
(a) Portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm.
(b) Suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression.
(c) State or suggest that gambling may be a way to solve financial or personal issues, or represent it as an alternative source of income or substitution for working.
(d) Portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments.
(e) Suggest that gambling can enhance personal qualities including for example, that it might improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration.
(f) Suggest peer pressure to gamble or disparage abstention from gambling.
(g) Link gambling to seduction, sexual success or enhanced attractiveness.
(h) Portray gambling in a context of toughness or link it to resilience or recklessness.
(i) Suggest gambling is a rite of passage.
(j) Suggest that solitary gambling is preferable to social gambling.
(k) State or imply a promise of winning or portray unrealistic outcomes.
Winning claims, success rate claims and profitability claims should be factual and capable of substantiation. Neither the chances of winning nor the size of the prize should be exaggerated.
Marketing communications should not state or imply that a player’s skill can influence the outcome of a game unless the skill can actually be demonstrated to affect the outcome of the game.
Marketing communications for events or facilities that can be accessed only by entering gambling premises should make that condition clear.
Marketing communications should not harm or exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children.
Marketing communications should not:
(a) Be likely to be of particular appeal to children, especially by reflecting or being associated with youth culture.
(b) Make direct use of signs, symbols, drawings, fictitious characters or real people of primary or particular appeal to children.
(c) Depict adolescent, juvenile or loutish behaviour.
(d) Contain endorsements by recognisable figures who would be regarded as heroes or heroines of the young.
(e) Feature children, except in an incidental manner.
(f) Feature anyone who is, or seems to be, under 25 (18-24) years old, unless those individuals feature only to illustrate specific betting selections or options where that individual is:
(i) the subject of the bet offered,
(ii) is in a team that is the subject of the bet offered, or
(iii) is part of an event which is the subject of a bet offered.
The image or other depiction used must show them in the context of the bet and not in any gambling role.
(g) Be directed at those aged below 18 years through the selection of media or context in which they appear, or be placed in or through media, or parts of media, that are specifically intended for children (inserts, supplements, special (radio and TV) programmes, cinema films, etc.).
(h) Be displayed within 100 meters of a school entrance.
(i) Induce a child to regard gambling as a natural element of his or her leisure time/activities.
The following marketing communications may include children, provided they are accompanied by an adult and are socialising responsibly:
• marketing communications for family entertainment centres, travelling fairs, horse racecourses and dog race tracks;
• marketing communications for non-gambling leisure facilities that incidentally refer to separate gambling facilities, for example, as part of a list of facilities on a cruise ship.