Norway Gambling — Marketing: Can we advertise?

Unlicensed Operators: The ban on the act of marketing gaming services The offering ban in the Norwegian Gaming Act is supplemented by a general prohibition against marketing and contributing to market gambling services in Norway without a licence (“the marketing ban”). Marketing efforts by unlicensed operators will be covered by the general prohibition on marketing gaming services if it targets the Norwegian market. Firstly, the scope of the ban is determined by what constitutes “marketing” or “contribution to marketing” of gaming services, which is interpreted widely by the Norwegian authorities. Pursuant to the preparatory works, as a rule of thumb, any activity initiated to promote the sale of games of chance is covered by the ban. Further, according to the preparatory works, the prohibition extends to cover marketing of activities that are not covered by the definition of games of chance if the brand is recognised to an extent where the public may associate it with games of chance. This means that free spins and general brand development may be considered as covered by the prohibition. Secondly, the scope of the ban is determined by when an offer is considered to “target the Norwegian market.” Similar to the offering ban, the marketing ban is extended to marketing from abroad, provided the activities in question target the Norwegian market. As mentioned above, whether an offer of gaming services may be considered directed at the Norwegian market must be carried out on a case-by-case basis, where the following elements are particularly relevant: The gaming website uses Norwegian names, symbols, or refers to itself as a Norwegian gambling offer, The text of the gaming website is written in Norwegian, Proceeds from the games are earmarked for Norwegian organizations, The gaming website or the marketing of gambling services showcase Norwegian support measures (e.g., the hotline for gambling addiction), The gaming website allows users to place bets with the Norwegian currency or informs the customer what the equivalent amount is in Norwegian currency, The website offers Norwegian customer support, The website offers gaming activities with the same name as activities provided by the Norwegian exclusive rights operators, The gaming services are marketed in Norway or through Norwegian channels, The website offers distinct Norwegian betting objects, such as the local government election in Norway or Norwegian game show results, The gaming provider actively seeks to circumvent the payment blocking measure, by facilitating payment to and from Norwegian customers and providing customers with information on how they can circumvent the payment blocking measure, The gaming website, the gambling provider or its parent company has Norwegian representatives, spokespersons, or ambassadors, and leaves an impression of being a Norwegian market operator. In the preparatory works, it is also noted that the factors relevant under this assessment may vary, subject to future developments in how non-authorised gaming services are designed and marketed. Although some relevant factors are provided, the list is non-exhaustive, and leaves considerable uncertainty. Note that if a gaming service is marketed in Norway or through Norwegian channels, this would be an element which could entail that the offer is considered as targeting the Norwegian market. Consequently, marketing activities by unlicensed operators will as a main rule be prohibited pursuant to the Norwegian Gaming Act. ## Licensed Operators Exclusive rights operators and private operators operating pursuant to a licence issued by the NGA are subject to requirements regarding which services may be marketed and what constitutes legal marketing of their services. Marketing is to be interpreted broadly. As a main rule, it covers any activity initiated to promote the sale of games of chance. Consequently, it covers both advertising, sponsorships, embedded marketing and product placement. The key takeaways from the regulations regarding marketing in the Gaming Act and Gaming Regulation can be summarised as follows. It is prohibited to market: or contribute to market unlicensed gaming services gaming services targeting minors gaming services directly targeting someone who have opted out of marketing with the provider Further, restrictions apply for the content of the marketing permitted pursuant to the Gaming Act, e.g., marketing of gaming services shall: not be designed in a way that glorifies participation in gambling or presents it as risk-free, not have a content that gives the impression that participating in gambling can solve financial problems, be possible way of business or indicate that it may contribute to social acceptance, not banalise gaming by portraying the purchase situation as a normal part of consumers’ everyday lives, not encourage players to cover loss from gaming from participating in new games, not use well-known people in a way that suggests that participation in gaming has contributed to their success, not be unreasonably intrusive or aggressive in its form, its content, by the use of sound, images, animation or other live images and the context. The exclusive rights operator Norsk Tipping cannot market their bingo/casino services pursuant to the Gaming Act and Gaming Regulation. The marketing of casino services by unlicensed operators will be covered by the general prohibition on marketing gaming services if it targets the Norwegian market.