Marketing: Can we advertise?

Only licensed operators or recognition-notice holders may promote licensable games. Marketing remains available to licensed operators within a well-developed regulatory framework, in particular the Commercial Communications Regulations (S.L/ 583.09 of the Laws of Malta) (Regulations). Furthermore, commercial communications conveyed via broadcasting means such as radio and television are also subject to the rules envisaged in the Broadcasting Act (Chapter 350 of the Laws of Malta) and Subsidiary Legislation (S.L. 350.25 of the Laws of Malta) Requirements as to Advertisements, Methods of Advertising and Directions Applicable to Gambling Advertisements. The latter envisages rules in relation to the broadcasting times of gambling products, including specific rules in relation to the advertising of gambling products which are strictly related to sporting events. This being said, gambling advertisements are not allowed to be broadcasted on TV 6:00 am and 7:00 pm and on radio between 6:00 am and 09:00 am and between 2:00 pm and 7:00 pm. Commercial communications must be socially responsible, with particular regard to the need to protect minors and other vulnerable persons from harm or exploitation. Unsolicited commercial communications as well as targeting self-excluded players is expressly prohibited. Advertising is mainly prohibited in public places including in or on any means of public transportation with just a few exceptions, such as airports, hotels, conferences organised in relation to the gaming sector, premises of the operator, premises of organisers or beneficiaries of authorised low-risk games; and newspapers or magazines. Educational responsible gaming messaging shall be prominently included within all commercial communications related to gaming. In addition to this, all commercial communications, with the exception of sponsorships, must prominently display, for their entire duration, a sign indicating the minimum age to participate in the game being promoted. Sponsorships are also regulated by the previously mentioned regulations. Sponsorships shall be limited to text, logo or imagery which is necessary in order to identify the gaming operator. Information or graphics related to specific product offerings, characters or game types is prohibited. Sponsoring events where the audience is mainly comprised of minors or sponsoring minors is not acceptable, as is advertising in televised programmes targeting minors or vulnerable people. Any promotions that are taking place cannot be misleading. The only instances where commercial communication is exempt from the applicability of these Regulations are in those cases where the sole purpose is clearly that of informing the public about an employment opportunity or for an educational purpose. In the latter case, the commercial communication distributed shall in no manner be construed as having marketing or promotional connotations. In 2019, the MGA announced the establishment of the Commercial Communications Committee which is entrusted with ensuring that the Regulations are being adhered to by all gaming operators by reviewing commercial communications complaints brought to its attention and in the process assessing any possible breaches of the Regulation. As per the 2024 MGA Annual Report, the Commercial Communications Committee took seven decisions regarding possible breaches of the Gaming Commercial Communications Regulations.