Ban on domestic media and organizers

The application of the part of the Law on Games of Chance, which relates to limiting advertising of this activity in the media, came into effect today, although many solutions remain unclear.

The restrictions apply only to domestic, registered media, i.e. they will not apply to foreign cable television, websites, social networks, influencers, "Google ads, unregistered websites... because during the public debate on the law, the Ministry of Finance, state regulators - the Agency for Electronic Communications and the Agency for Audiovisual Media Services - announced that it was impossible to ban or prevent the broadcasting of advertisements on these media.

Domestic producers are prohibited from purchasing advertisements in foreign media, but the problem is that large foreign producers operate under the same brand and services in several countries in the region, so it will be difficult to determine whether a domestic producer or its parent or sister company from Serbia is advertising on cable television or a website.

So, advertisements for games of chance from foreign organizers will still be visible in Montenegro and accessible for playing online, meaning that only domestic organizers and media will be harmed by the restrictions.

Many organizers and media outlets have contacted the proponent, the Ministry of Finance, in recent days for clarification of certain provisions, but most have not received any, with the explanation that those who wrote the law are on vacation.

The law was published in the Official Gazette on August 6, with the stipulation that it would enter into force on the eighth day, however, it was only visible on the Official Gazette website on August 12.

It is completely prohibited to advertise benefits related to games of chance services (bonus, jackpot, prize, free spin, etc.), except on the websites of the organizers and sports clubs and associations sponsored by the organizer who is advertising.

Advertising of gambling services is prohibited on television and radio programs from 22 a.m. to XNUMX p.m., in print media and online publications, it is only permitted on sports pages. The restrictions do not apply to lottery games.

Advertising of services (without stating benefits) during permitted periods from 22 p.m. to XNUMX a.m. on TV and radio programs and on sports pages of newspapers and portals must contain warnings about addiction and the prohibition of betting by minors.

The law also lists 14 items that must not be stated in advertising, such as idealizing the game, presenting the game as harmless, creating an unrealistic image in terms of winnings,... however, all of this will only apply to domestic media and organizers.

The Supreme Court of Spain recently lifted restrictions on advertising for games of chance that had been introduced in that country.

Transition from concessions in nine months

The main part of the Law, which provides for the transition from concession to the right to organize games of chance through approval, will come into effect in nine months. This means that all organizers who wish to continue operating must submit applications to operate under the new conditions, or lose their concession regardless of how long it still lasts and for how many years it was paid.

The drafters had the most objections to this part of the law, stating that it introduces retroactivity, although it is only possible in the public interest.