ISRAEL Law and Practice Contributed by: Liran Barak, Herzog Fox & Neeman
• carried out orally, in written or in printed form, or carried out via electronic communication, including public service broadcasts; • that are intended for, or are available in practice to, the public; and • that are sponsored by the National Lottery, or for which the advertiser has received, in advance or in retrospect, any payment or other benefit or a com- mitment to receive such advertisements from the National Lottery. In addition, all contact made by the National Lottery – be it directly, indirectly, overtly or covertly, includ- ing by post, telephone, radio, television, fax machine, electronic communications of any kind, or the running of advertisements – aimed at entering into a transac- tion or promoting the sale of lottery products by the National Lottery would also be considered as adver- tising. Finally, the definition of advertising would also apply to the use of corporate videos as well as the use of the National Lottery’s logo, with the exception of by way of sponsorship. 9.3 Key Legal, Regulatory and Licensing Provisions Advertising of gambling services is restricted solely to the products and services offered by the National Lottery and the ISBB. 9.4 Restrictions on Advertising The following key restrictions apply to the advertis- ing of gambling products and services, based on the National Lottery’s permit. • Advertisements may not be broadcast on television or radio between 3pm and 9pm. • Advertisements may not glorify gambling or be of such a nature as to invite or encourage persons to gamble. • Advertising may not: (a) be carried out in educational institutions, on television channels targeting minors or adja- cent to television shows intended for minors; (b) be carried out in newspapers or publications intended for minors; (c) be shown on websites intended for minors;
(d) be distributed on media intended for minors; (e) use characters or symbols identified with youth culture; or (f) portray minors, youth role models or celebrities whose activities are focused on youth culture. • Gambling products must be accompanied by standardised risk warnings. • Advertisements may not: (a) directly link gambling activity with the social works undertaken using lottery funds; (b) encourage players to gamble beyond their means; (c) present a false guarantee of winnings; (d) present gambling as a means of easing finan- cial, social or personal hardship; (e) present gambling as an alternative to work, a financial investment or a way to achieve finan- cial security; (f) portray gambling as an essential service or as being more important than family, friends or professional activity; (g) portray gambling as a means for recovering previous gambling losses; (h) suggest that the likelihood of winning may be increased through skill or experience; (i) link gambling to significant life changes; (j) encourage unlawful or immoral behaviour; or (k) encourage the consumption of alcohol, etc. 9.5 Sanctions/Penalties In terms of enforcement measures relating to infringe- ment of advertising regulations, the main enforcement tool at the hands of the Ministry of Finance is its ability to suspend marketing campaigns that are found to be in breach of the terms set out in the National Lottery’s permit. 10. Acquisitions and Changes of Control 10.1 Disclosure Requirements The only forms of legal gambling in Israel are the activ- ities organised and offered by the National Lottery and the ISBB under their respective permit and authorisa- tion. Both the permit awarded to the National Lottery and the statutory authorisation granted to the ISBB are non-transferable.
218 CHAMBERS.COM
Powered by FlippingBook