ESTONIA Law and Practice Contributed by: Karolina Ullman, Triin Kaurson, Linell Raud and Felix Raidmäe, NJORD Law Firm
9. Advertising 9.1 Regulatory/Supervisory Agency
Advertising of games of chance is prohibited except: • on the premises where a game of chance is organ- ised; • on board a watercraft or aircraft used for interna- tional carriage of passengers; • in the building of a passenger terminal of an airport or port that provides regular international services; • in a hotel where gaming premises for games of chance are located; • on the website of an organiser of games of chance; and • advertising communicated by post, email, or phone, provided that the client has subscribed to it, it is communicated only to the client’s own postal or email address, or the telephone number used by the client, and the client is able to termi- nate the communication of advertising at any time by notifying the organiser of the games of chance of one’s wish. Advertising of toto is prohibited: • in and on the buildings and territories in the use of preschool childcare institutions, basic schools, upper secondary schools, vocational educational institutions, hobby schools, permanent youth camps, and youth project camps, and in close proximity thereof; • on websites directed at children; • at a place and during the time of holding an event that is mostly directed at children, and on the tick- ets for such event; • on television and radio programmes; • on the front and back covers of newspapers or magazines, unless published together with the sponsor’s announcement; and • as outdoor advertising, unless published together with the sponsor’s announcement. Advertising of games of skill is prohibited: • in and on the buildings and territories in the use of preschool childcare institutions, basic schools, upper secondary schools, vocational educational institutions, hobby schools, permanent youth camps, and youth project camps, and in close proximity thereof;
The supervisory agency is the Estonian Consumer Protection and Technical Regulatory Authority (TTJA). 9.2 Definition of Advertising Advertising means information that is made public in any generally perceived form for a charge or without charge for the purpose of increasing the provision of services or the sale of goods, promoting an event, or directing the conduct of a person in the public interest (Advertising Act, Section 2, Subsection 1, clause 3). 9.3 Key Legal, Regulatory and Licensing Provisions Following the Advertising Act, Section 292: • the advertising of gambling shall not contain an incitement to participate in gambling or visit a gam- ing location or information that may suggest that gambling contributes towards social success; and • the advertising of gambling shall include the fol- lowing textual warning (in Estonian), “ Tähelepanu! Tegemist on hasartmängu reklaamiga. Hasartmäng pole sobiv viis rahaliste probleemide lahendam- iseks. Tutvuge reeglitega ja käituge vastutustund- likult! ” (“Attention! This is advertising of gambling. Gambling is not a suitable means for solving financial problems. Examine the rules and behave responsibly!”) ‒ the warning shall, given ordinary attention, be noticeable, understandable, and clearly distinguishable from other information. The website of a gambling operator has to include an additional warning, notifying the players of the addictive nature of gambling and urging them to play responsibly. 9.4 Restrictions on Advertising The following restrictions stipulated in the Advertising Act are relevant. Advertising of gambling, a gaming location, or an organiser of gambling (“advertising of gambling”) is prohibited if the organiser of gambling has no operat- ing permit required under the Gambling Act.
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