Compliance Updates
Update: Eurosport Fined for Gambling Ads
On September 16, 2021 the National Police Board (“NPB”) imposed a prohibition order and conditional fine of EUR 800,000 for Eurosport SAS (“Eurosport”), a pan-European sports network established in France, for broadcasting gambling advertisements on the Finnish language version of Eurosport 1 television channel.
According to our sources, prior to this the NPB had twice approached Eurosport arguing they infringe the Finnish Lotteries Act marketing prohibitions and requested the actions to be ended. Eurosport remained passive throughout the process until October 27, when they informed the NPB that in their view the decisions of September 16 were “manifestly incorrect”. Eurosport added that they will comply with the NPB’s request for now and they will not broadcast commercial gambling advertising on Eurosport 1 in Finland for the period of three months starting from October 28, 2021. Eurosport notified the NPB of their intention to appeal the NPB’s decisions of September 16 and the Helsinki Administrative Court confirmed that Eurosports appeal was filed October 28 and it is currently pending.
The subject matter of the case is interesting. The NPB makes a convincing case that Eurosports gambling advertisement is infringing the Finnish Lotteries Act. However, their argumentation regarding Audiovisual Media Services Directive (“AVMSD”) is less convincing.
The country of origin principle (“CoO principle”), according to which each EU Member State is legally responsible for all audiovisual media services originating from its own country, is a cornerstone of the AVMSD. Article 4 lays down exceptions to the CoO principle and defines the procedure which must be followed if a Member State is to take action against a media service provider established in another EU Member State.
With regarding to the AVMSD, the NPB would have to at the very least notify the EU Commission pursuant to Article 4 (4) of their intended actions and to substantiate the grounds on which its assessment is based. The EU Commission would need to decide that the measures are compatible with EU law. That has not been the case here.
The NPB argues that the AVMSD does not intend to harmonise gambling advertising in the EU and thus the CoO principle or Article 4 procedures do not restrict them taking direct action against Eurosport.The NPB’s argumentation is based on the recital 10 of the consolidating directive of 2018 which states that the AVMSD does not affect a Member State’s competence to decide on national approach to gambling advertising presumed that the measures taken are justified, proportionate to the objective pursued and necessary under the EU law.
As it is not stated anywhere in the AVMSD (original or consolidated version) that gambling marketing is excluded from the scope, the NPB’s argumentation appears at least questionable. If the Helsinki Administrative Court comes into a similar conclusion the case will fall apart.
The article has been written Antti Koivula, Consulting Legal Advisor at Legal Gaming.
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Approval from the Nevada Gaming Commission paves the way for Kambi to provide its premium sports betting solutions in Las Vegas and across the Silver State
Kambi Group plc (“Kambi”), the home of premium sports betting solutions, has received approval for its Nevada gaming licence applications, marking a significant step towards launching in one of the world’s most iconic betting markets. The Nevada Gaming Commission approved Kambi’s application for Manufacturer & Distributor Licenses and an Information Services License, following a unanimous recommendation by the Nevada Gaming Control Board (“NGCB”) earlier this month.
The licences will enable Kambi to provide its industry-leading sportsbook technology and services to nonrestricted gaming establishments in Las Vegas and across the state of Nevada for the first time. With limited B2B competition in the state due to the high regulatory requirements, Nevada presents Kambi with future growth opportunities in line with its strategy to expand its footprint across the Americas.
Kambi has been at the forefront of the regulated US sports betting industry since 2018, processing the first legal online wager outside of Nevada following the repeal of PASPA. This latest achievement underscores the company’s dedication to delivering world-class sportsbook solutions while adhering to the highest standards of regulatory compliance and corporate probity.
Werner Becher, CEO of Kambi, said: “Securing approval for our licences in Nevada is an important milestone for Kambi and a testament to our market-leading technology, regulatory expertise and corporate integrity. Nevada is widely known as the gold standard for betting and gaming regulation, insisting on a standard that few companies can meet, and is therefore recognition of Kambi’s unwavering commitment to excellence. We would like to thank both the Commission and NGCB for their thorough review and approval of our applications.”
The post Kambi Group plc secures licensing approval in Nevada appeared first on Gaming and Gambling Industry in the Americas.
Compliance Updates
Michigan Lottery Achieves iCAP Re-certification for Responsible Online Gaming Practices
The Michigan Lottery has received re-certification for its commitment to responsible gaming after completing the Internet Responsible Gambling Compliance Assessment Program (iCAP) through the National Council on Problem Gambling (NCPG).
The Lottery first earned iCAP certification in October 2015 and was the first lottery in the United States to achieve this certification.
“We are incredibly proud to have once again received certification for our commitment to responsible gaming through the iCAP program, underscoring the Lottery’s dedication to player safety and well-being. We will continue to prioritize responsible gaming practices and provide Michiganders with the resources and support they need to play responsibly,” said Lottery Commissioner Suzanna Shkreli.
Developed by the NCPG, iCAP is the first and only online responsible gaming assessment program in the US. The NCPG evaluated the Lottery’s compliance with Internet Responsible Gaming (IRG) standards developed based on best practices from jurisdictions around the world. IRG standards are the highest standards for online responsible gaming in the nation. The nine areas of focus for the NCPG iCAP certification are:
• Corporate policy and commitment to responsible gaming
• Staff training
• Information available to players through com, and player account features to assist players in informed decision making
• Assisting players who indicate they are in distress or experiencing problems
• Self-exclusion and player-initiated restrictions on online play
• Advertising and promotion
• Game and website features that assist with gambling responsibly
• Research based on the transparency of play data
• Payment controls and limits
• iCAP re-certification provides Lottery players assurance that MichiganLottery.com is trustworthy and has adopted the best standards of player protection.
The NCPG, a non-profit organization founded in 1972, leads state and national stakeholders in the development of comprehensive policy and programs for all those affected by problem gambling.
Michigan Lottery players have a chance to win up to $500,000 instantly playing online. Players also may win prizes ranging from $1 up to multi-million dollar jackpots playing Powerball, Mega Millions, Lucky for Life, Lotto 47, and Fantasy 5 online. Through its online platform, the Lottery offers players more than 200 different games with plays ranging in price from .05 cents to $20.
The post Michigan Lottery Achieves iCAP Re-certification for Responsible Online Gaming Practices appeared first on Gaming and Gambling Industry in the Americas.
SYNOT Games announced that 140 of its top-tier games have been officially certified for the Argentinian market.
The certifications, issued by Gaming Labs International mark a significant step in SYNOT Games’ commitment to delivering high-quality, compliant, and entertaining products to the Latin American market.
In addition to the 140 games, the certifications include the renowned SYNOT Progressive Bonus and advanced Random Number Generator technology, providing operators and players with a superior and trustworthy gaming experience.
SYNOT Games is committed to certifying its entire game portfolio for the Argentinian district shortly. This will further solidify the company’s presence in the rapidly growing Latin American market and reaffirm its position as a trusted partner for local and global operators.
Martina Krajci, CCO at SYNOT Games, said: “We are delighted to achieve these certifications and bring our innovative products to Argentina. This is an important milestone in our global expansion strategy, and we look forward to offering our Argentinian partners and players access to our certified games, backed by industry-leading technology and robust compliance standards.”
The post SYNOT Games Takes a Leap Forward with Certification Milestone in Argentina appeared first on Gaming and Gambling Industry in the Americas.
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