Gambling Ad Restrictions Enacted

After 17 years of strategic planning involving six sequential ministers, Ireland’s Oireachtas has given the green light to historic legislation to control gambling. The Gambling Regulation Bill, recognised for its advocacy by the Minister of State, James Browne since 2020, represents the first comprehensive legislation to supervise the gambling sector since 1956. The sector is thought to be valued anywhere between €6 billion and €8 billion per annum.

The Bill, released in 2022, validates the creation of a seven-member Gambling Regulatory Authority, complete with Anne Marie Caulfield already appointed as the incoming chief executive. The newly established regulator will hold significant authority in terms of implementing obligatory licensing and setting licence conditions.

The scope of its responsibilities will stretch to cover areas such as advertising, sponsorships, aiding problem gamblers, and ensuring that children stay safeguarded from the industry. As an integral part of this Bill, an industry-funded social impact fund is introduced to aid educational initiatives and programs treating problem gambling.

Stringent restrictions will be placed on gambling advertising and sponsorship. The Bill demands the prohibition of associated advertising from 5.30am to 9pm and could subject those who neglect to protect children from gambling to imprisonment for up to eight years.

Addressing the Dáil on Wednesday evening, Mr Browne acknowledged the intense work that was invested into this complex legislation. He highlighted how the Bill would not just monitor a massive industry that had been largely unregulated, but also ensure protection for the public, from a public health perspective.

The Act includes robust provisions, enabling the regulator to propose regulatory changes to the Minister in response to shifts within the industry. Following some adjustments to the legislation in the Seanad after considerations of its probable impact on charities and sports clubs’ fundraising advertising, the Bill was sent back to the Dáil.

This legislation moreover imposes bans on lures such as “free bets”, VIP perks, complimentary credit and hospitality. Adults will need to make a conscious choice to accept online betting ads, and the Bill also institutes a prohibition on social media advertising.

Finance spokesperson for Sinn Féin, Pearse Doherty, has unveiled concerns regarding a considerable gap in the law, where corporations could run contests for items ranging from “10 Oasis concert tickets and a two-day stay in Dublin” to new cars or houses. Doherty highlighted that once an individual has provided consent, and their cell phone number, corporations have the freedom to send unlimited promotional text messages.

The Minister, in contrast, pointed out that the statute contains a distinct segment on advertising, enabling individuals to retract their permission at any point if they have previously agreed to receive these advertisements.

Regarding illicit gambling operations, the impending legislation encapsulates a variety of measures combative against illegal gambling activities including clear bans on unlawful conduct or processes, some of which could lead to severe jail terms.

The gambling regulatory body is set to get an infusion of €9.1 million in the year 2025. The Minister stressed on the considerable concern around gambling for many, expressing belief that the impending legislation is tailored to combat the varying challenges associated with responsible gambling in contemporary Ireland.

He further added that the legislation is engineered with a balance, permitting the liberty to gamble while concurrently embedding safeguards to prevent potential addictions. This bill provides an unequivocal structure for both consumers and operators.

The bill now advances to President Michael D Higgins for review and enactment into law.

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