Marketing: Can we advertise?

In summary, it can be stated that advertising in Austria, whether in the field of gambling or betting, is not subject to stringent regulations. Gambling: For the area of licenced gambling activities (hence, these regulations ex lege only apply to the monopolists, yet they should be seen as benchmarks), § 56 of the Austrian Gambling Act merely stipulates that licensees and authorisation holders under the Gambling Act shall maintain a responsible standard with respect to their advertising campaigns. Adherence to this responsible standard shall be monitored using only regulatory means and not by entering an action under § 1 et seq. Austrian Act Against Unfair Competition (UWG)). Apart from that, para 3 of the law stipulates that the Federal Minister of Finance is authorised to establish a standard for responsible advertising by way of a regulation. The Ministry of Finance's only activity in this regard, however, was not by way of a regulation: In January 2016, the Ministry of Finance summarised a study (accessible here, in German language only) that serves as a practical guideline and interprets § 56 of the Gambling Act. The Federal Ministry of Finance asserts that presenting scientific principles helps uphold the Austrian gambling monopoly's objectives. This includes ensuring robust player protection, preventing criminal activities, safeguarding against addiction and financial harm to individuals, and protecting minors. The presentation also purportedly considers both public interest and potential EU-law requirements. The guidelines and standards apply to all forms of mass advertising, sponsorship, and marketing, including practice platforms and non-monetary gambling promotions. The Ministry of Finance summarises the results of the interpretations for the practice of gambling advertising in item 6. This catalogue of permissibility has emerged from comparative European law and provides an important overview of gambling-related advertising standards. Gambling advertising should always fundamentally convey that it is gambling, which can be addictive and therefore entails the risk of financial loss. Advertising that maintains a responsible standard is permissible. The Ministry of Finance provides some guidelines in this regard. Following, find a brief excerpt from point 6.5: Gambling advertising should not focus on the "joy of gambling," "feelings of happiness," or the "thrill" resulting from excessive or risky gambling in the advertising message Gambling advertising should not suggest that participation in gambling promotes individual, social or sexual success or is a solution strategy for personal or private problems Gambling advertising should not suggest that participation in gambling can have a therapeutic, stimulating, calming or conflict-resolving effect Gambling advertising should not portray positive social changes (social advancement, wealth, luxury) as a result of winning big as a likely consequence of gambling Gambling advertisements on television and radio should not be broadcasted in close proximity to programs for children and adolescents and should not be placed in media specifically targeted at adolescents. In addition, billboard advertising in the immediate vicinity of schools and kindergartens should be avoided It is crucial to note that this interpretation is not legally binding, and no rights or obligations can be derived from these statements. Furthermore, this interpretation was issued in March 2016, and as there have been no subsequent opinions or interpretations published by the Ministry of Finance on this matter, it can still be considered valid. Nevertheless, when considering the advertising activities of the monopolists, it must be stated that they regularly break the above-mentioned principles of responsible advertising. Due to the Gambling Act's lack of specific regulations on gambling advertising, alternative media laws must be consulted. The Audio-visual Media Services Act (AMD-G) and the Broadcasting Corporation Act (ORF-G) are two relevant laws that encompass specific advertising guidelines for products with addictive potential, such as alcohol and tobacco, but not for gambling. Consequently, the Ministry of Finance applies these laws by analogy, asserting that if cigarette advertising is prohibited from targeting minors, the same principle should apply to gambling advertising. On a different note, the Media Act (MedienG) addresses advertisement placement and imprint/website design. While it does not explicitly mention gambling or betting, it holds significance in matters related to advertising, newsletters, etc. Betting: Some provinces (e.g., Vienna – § 18 para 4 Vienna Betting Act) also refer to responsible advertising for betting services. In this context, it is difficult to determine the exact meaning, but in any case, advertising to minors or gambling addicts is prohibited as well. Otherwise, the above-mentioned principles can most likely also be used as a legally non-binding interpretation aid in this area (as with gambling marketing, the Audio-visual Media Services Act, the Broadcasting Corporation Act, and the Media Act are also applicable).