EEGC, Sbordoni a Agimeg "EU Directive on media services provision limits the ban on advertising on the game"
The advertising ban adopted by Italy, and then also by other EU countries, and possible conflicts with the November 2018 EU directive on the provision of audiovisual media services, were the focus of one of the panels of the 12th East European Gaming Congress, which is taking place these days in Sofia, Bulgaria. The issue was addressed by Stefano Sbordoni, an experienced gaming lawyer.
"The directive" explains to Agimeg, "introduces the principle of proportionality for each type of restriction on the provision of these services, in particular for communication restrictions. In other words, the limitation must be proportionate to the effects to be obtained and to the position that is going to strike. The problem is that in the case of the prohibition contained in the Decree Dignity there is no data that shows how the advertising of the game has aggravated the problem of gambling addiction ". Sbordoni underlines that "the directive has not yet been implemented by the Italian government, the deadline expires in 2020, so there is time. Nevertheless it must be respected by the judges at this stage". At the moment, however, "no sanctions have been issued for violating the advertising ban", but according to Sbordoni "also because the directive exists, the Italian rule may not have been possible to apply the Italian rule in a pure and simple manner". During the panel, it was also possible to compare the Italian ban with the experience of other countries, "Denmark, for example, assessed the effects that the stop on advertising can have on competition, and in these terms could represent a serious violation of the Community principles" concludes Sbordoni.