The Ministry of Finance announced that the Ministry of Culture and Media and the Agency for Audiovisual Media Services (AMU), as the regulator for televisions, are responsible for supervision and control over the broadcasting of advertisements by gambling operators. AMU told "Vijesti" that they can only control domestic media registered in Montenegro, but that they are not responsible for cable television and that, according to the Convention on Transfrontier Television, foreign programs are broadcast in their entirety, without the intervention of content distributors.
The new Law on Games of Chance entered into force on 14 August. The aim of the law, as stated in the explanatory memorandum, is for the state to eliminate or mitigate the negative effects that games of chance have or may have, including by reducing their visibility in the media space. However, the result is that domestic media allow advertising of the organizers' brands and their humanitarian and socially responsible campaigns, while cable television and portals visible in Montenegro continue to show advertisements of foreign organizers without restrictions or penalties. In other words, gambling is still very visible in the media space, only the revenues have been taken away from domestic media and organizers.
During the public hearing, the organizers pointed out that such norms are not applied anywhere else, that they will encourage the shadow economy and a shift to foreign organizers. They also announced the submission of an initiative to the Constitutional Court for more norms from the law. At the end of July this year, the Supreme Court of Spain lifted restrictions on advertising games of chance, stating that they were unconstitutional and illegal, contrary to EU standards and that they violated freedom of speech.
The law also restricts the advertising of organizers on the exterior of gaming venues, and this part of the law foresees the adoption of bylaws, while there are no bylaws for advertising in the media itself, despite media requests for additional clarification of several norms.
"The deadline for the adoption of all by-laws is six months from the date of entry into force. Taking into account the new environment in which business will be conducted, the Ministry has begun activities to adopt regulations that should improve the implementation of this law. Within the framework of Articles 16-19 of the Law relating to advertising, a by-law is planned that will more closely regulate the manner of advertising on the exterior of gaming premises," the Ministry stated.
The law completely prohibits advertising the benefits of gambling, while advertising the game is allowed on sports websites and print media, as well as on TV after 22 pm. Advertising the brand and socially responsible campaigns of the organizers is allowed, provided that the risk of addiction is mentioned.
"Vijesti" asked who will assess what constitutes advertising of benefits and what constitutes the games themselves, and how this will be controlled on cable television and foreign websites visible in Montenegro.
"Advertising benefits related to games of chance services is any notice by the organizer that aims to promote benefits related to a specific game. Benefits relate to bonuses, jackpots, prizes, free spins, etc., and their advertising is completely prohibited in all media. The aforementioned is allowed only on the websites of the organizers and sports clubs and associations sponsored by the organizer. Pursuant to Article 88 of the Law, supervision over the implementation of the provisions of this Law relating to advertising of games of chance in the media is carried out by the ministry responsible for media affairs and the regulatory authority. Specifically, in the part relating to the broadcast of the content in question on television, the Agency for Audiovisual Media Services has jurisdiction," the Ministry of Finance stated.
This agency responded to a question from "Vijesti" that, in accordance with the Law on Games of Chance, they supervise advertising related to games of chance within radio and television programs registered in Montenegro.
"This jurisdiction also stems from the Law on Audiovisual Media Services, which regulates the activities of the Agency. The Law on Games of Chance has prescribed various restrictions depending on whether we are talking about advertising of organizers of games of chance (advertising the organizer's brand and logo), advertising of their services (advertisements inviting to a game of chance) and advertising of prizes and bonuses. Depending on the type of advertisement, the law prescribes different degrees of restrictions. In addition, special measures relate to the protection of minors, including warnings that games of chance can cause addiction and that they are prohibited for minors. Since the adoption of the Law, the Agency has been monitoring Montenegrin programs, recording irregularities and initiating procedures that may result in the imposition of measures - from warnings to fines and other sanctions," the AMU stated.
They state that they have no jurisdiction over the supervision of foreign television programs distributed in Montenegro through cable operators.
"The Agency does not have the authority to supervise their programs or the advertising shown on them (including advertising related to games of chance), because these broadcasters are registered in other countries and their work is under the responsibility of the regulatory bodies of those countries. Also, in accordance with the Convention on Transfrontier Television, foreign programs are broadcast integrally, without the intervention of content distributors. On the other hand, the Law on Games of Chance stipulates that organizers of games of chance registered in Montenegro cannot advertise within television programs registered in other countries. Supervision of compliance with this prohibition is the responsibility of the Ministry of Finance and its inspection, because the measure applies to organizers of games of chance, and not to radio and TV broadcasters. If, in the course of its work or upon receipt of a complaint, the Agency determines that an organizer of a game of chance, registered in Montenegro, advertised in a foreign television program, evidence of a violation of the Law will be submitted to the Ministry of Finance for further action," the AMU stated.
Influencers may be subject to inspection
When asked whether advertising by organizers on social networks, with influencers or so-called Google ads will be punishable, the Ministry of Finance said that the law prohibits this and that such cases will be subject to inspection.
"Article 17 of the Law stipulates that the organizer of games of chance is prohibited from advertising in foreign television programs available on the territory of Montenegro, but also through other communication channels at a time and in a manner that violates the conditions and obligations related to the advertising of their services in accordance with this Law. Therefore, regardless of which video content exchange platform or social network it is and which service provider uses them (influencer, etc.), a licensed organizer of games of chance should not place (buy) advertising space (directly or indirectly) on foreign communication channels in a way that circumvents the prescribed conditions of the Law. In the part of Google ads, the responsibility lies with the organizer. If the organizer has some kind of contract for placing ads in a way that violates the Law (e.g. by advertising bonuses outside of permitted websites), it will be subject to inspection," the Ministry of Finance stated.
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