Gambling Code v2 – (effective on September 1st, 2022)
Second version, 27 July 2022
This Code contains ethical rules that the industry (advertisers, agencies, media) creates and commits to with regards to advertising for gambling allowed in the French market in order to take into account social responsibility concerns.
It aims to reconcile freedom of expression in advertising and the protection of the public, in particular vulnerable groups.
The scope of this Code covers (cumulative criteria):
- Gambling advertising  , accompanied by monetary gains or in kind, wholly or partly based on the chance or uncertainty of an outcome, games accessible online or offline.
- Ad content promoting gambling, whatever their form and format, and regardless of their media.
Only operators authorized to operate in France can broadcast advertising, or run advertising broadcast by someone else, that targets the French public, insofar as it concerns games allowed.
In addition to the provisions of the applicable laws and all ARPP Codes, gambling advertising, in no matter what form, whether it is hyperbolic or not, must follow these ethical rules
1. IDENTIFICATION, TRUTHFULNESS, LOYALTY
“Marketing communications should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge.”
(Art. 4 Honesty of the ICC’s Advertising and Marketing Communications Code).
a / Gambling advertising should be clearly identified as such, regardless of the form in which it is shown.
This identification can be done by all means, clearly noticeable and allowing the consumer not to mistake on the nature of the advertising.
b / The advertiser who made the ad must be clearly identifiable. This identification must be readable and accessible to all consumers.
c/ For digital advertising communications, the provisions relating to the methods of identifying the advertisement and the advertiser contained in the ARPP’s “Digital Advertising Communication” Code shall apply.
d/ Ads for gambling in any form whatsoever, must be clear, honest and truthful.
e / Advertising should enable the consumer to identify, directly or indirectly, that the ad comes from an advertiser which is officially authorized by the French authorities to commercialize the advertised game.
2. PROTECTION OF MINORS
In addition to complying with the ARPP’s “Children” Code, gambling advertising should not target minors given the legal prohibitions to which they are subject.
To this end, the advertising of gambling should not, in any way whatsoever:
a / represent a young audience purchasing a gambling related product or in the act of gambling, even if they are accompanied by adult(s);
In this sense, operators undertake to ensure that the persons appearing in the advertisements are over 25 years of age.
However, the following are excluded from this rule:
- high-level sportsmen and women of legal age. These are members of a team, club or sports federation whose activity is professional, jockeys and drivers who take part in horse races.
Operators who use influencers or content creators, within the framework of commercial collaborations, referred to in the practical sheet “Communication by influencers and brands” of the ARPP’s “Digital Advertising Communication” Code, undertake to respect the provisions contained in this sheet.
b/ suggest that minors can play these games, nor present gambling as a leisure activity generally reserved for minors or specifically practiced by them, including in a family context;
c/ use visual, audio, verbal or written elements, or personalities, characters, real or imaginary, making it specifically attractive to young audiences;
d / present gambling as a sign of the transition to adulthood;
e / present gambling as a gift a child can give or receive.
3. SOCIAL VALUES
« All marketing communications should be prepared with a due sense of social and professional responsibility »
(Art. 1 Basic principles of the ICC’s Advertising and Marketing Communications Code).
Thus, gambling ads should not, in any way whatsoever:
a / undermine human dignity;
b / devalue efforts, work, education, compared to gambling;
c/ present gambling as a livelihood activity rather than as entertainment;
d/ present gambling as the motor of social success; the notion of social success covers sentimental and sexual success, fame, power, the admiration of others, and ostentatious signs of material wealth that would be excessive;
e / denigrate the public who do not play or, inversely, confer social superiority to those who play;
f/ present the family or social relationships as secondary to the game;
g/ encourage uncivil, violent or even illegal behaviour;
h/ exploit feelings of fear or suffering;
i/ convey a message contrary to the commonly accepted principles of sustainable development within the meaning of the ARPP “Sustainable Development” Code, the content of which applies in all its provisions.
4. RESPONSIBLE GAMBLING
Gambling advertising should not promote, trivialize or encourage a practice of excessive play, immoderate or likely to put the player in financial, social or psychological peril.
To this end, gambling advertising should not, in any way whatsoever:
a / suggest that the player wins every time, or that the repetitiveness of the game will necessarily make him win or that increasing gambling frequency increases the probability of winning;
b/ suggest that the player’s skill and experience will enable him to eliminate or greatly reduce any chance or uncertainty on which the win depends. Even in the case of sports or horse-racing pronostics, where expertise may be involved, advertising must not lead people to believe that it will enable the player to win systematically.
c / associate repetitive game situations, uncontrolled, compulsive or excessive bets to strong emotions;
d / represent behaviours of a compulsive gambler, as defined by medical authorities, in a positive way;
e / incite excessive risk-taking that would put the player in difficulty;
f / present the game as a way to recover gambling losses;
g / suggest that the game is a way to solve financial difficulties, temporarily or permanently;
h / present the game as an escape from facing personal, professional, psychological or social difficulties;
i/ give the impression that excessive gambling losses could be without consequence, regarding the player’s situation;
j / present a credit offer at the same time as the presentation of a game.
To highlight promotional offers must be done responsibly, for the sake of moderation, transparency and good consumer information, especially in terms of counterparty and / or commitment expected from him.
mso-fareast-font-family:"Times New Roman";mso-hansi-theme-font:minor-latin;
FR;mso-bidi-language:AR-SA">However, this Recommendation does not apply to
advertising lotteries covered by the Consumer Code (Article L.121-36), nor to
games of chance prohibited by the Internal Security Code (Article L.320-1). It
should be noted that, in accordance with Article L.121-4 of the Consumer Code,
"Commercial practices are deemed to be misleading, within the meaning
of Articles L. 121-2 and L. 121-3, if their purpose is: […] 15° To claim that
a product or service increases the chances of winning at gambling games".