Switzerland Gambling — Marketing: Can we advertise?

The MGA contains specific provisions regarding the marketing of money games: According to art. 74 MGA, licenced operators of money games are not allowed to advertise in an intrusive or misleading manner. In addition, advertising may not be offered to minors or blocked persons. Advertising of money games not licenced in Switzerland is prohibited. A fine up to CHF 500’000 can be imposed on any person who wilfully advertises not licensed money games (act.131 para. 1 lit. b MGA). However, this criminal provision only apply if the marketing measures are conducted in Switzerland or take place on Swiss territory. Art. 131 para. 1 lit. b MGA focuses on advertisement for websites offering gambling services which are not licensed in Switzerland. The provision does not only aim at punishing the organisers of the games which advertise themselves but also intermediaries, in particular those who publish the prohibited advertising, and those responsible for the medium through which the advertising is published. This provision applies to all types of advertising, such as posters, print ads, TV ads, banner ads on the Internet, advertising in sports stadiums or on sports jerseys, etc. The provision only prohibits advertisement for unlicensed gambling services.