MALTA Law and Practice Contributed by: Andrew J. Zammit and Krista Hili, GVZH Advocates
9.4 Restrictions on Advertising The prohibitions and restrictions on advertising gen- erally provide that advertisements must not portray, condone or encourage behaviour that is criminal or socially irresponsible; could lead to financial, social or emotional harm; or directly or indirectly encourage antisocial or violent behaviour. Authorised gaming operators are permitted to adver- tise and market their products and/or services, sub- ject to various restrictions aimed at protecting minors and vulnerable persons. The same restrictions apply to persons providing any service to, or acting in col- laboration with, licensed and authorised persons offer- ing a licensable game. The regulations and guidelines detailed at 9.3 Key Legal, Regulatory and Licensing Provisions also prohibit portraying gaming as socially attractive; suggesting that gaming enhances personal or professional qualities; and indicating that gaming is a means of gaining control, superiority, recognition or admiration. The portrayal of gaming as being associ- ated with toughness/resilience, or as being indispen- sable or taking priority in life, is also illegal. Further- more, advertisements must not suggest that solitary gaming is preferable to social gaming, or that skill can influence the outcome of a game that is purely a game of chance. In addition, advertisements cannot pro- vide false information about the chances of winning or exploit cultural beliefs or traditions about gaming or luck. Operators cannot make reference to instantly available consumer credit services or other ways of providing credit to players. The sending of unsolicited communications is prohib- ited, as is the sending of solicited communications to persons who have requested that they stop receiv- ing such communications, or who are undergoing a period of self-exclusion. Advertisements must clearly display the name of the gaming company responsible therefor, and a refer- ence must be made in the advertisement to the fact that the company holds a valid licence issued by the MGA or another licensing authority duly recognised in Malta. Advertisements made via social media account portals held by the gaming company itself, or by third parties, are subject to the same restrictions.
Gaming advertisements cannot be issued or distrib- uted in any public places or on any means of public transport in Malta, but this does not apply to adver- tisements displayed or broadcast within authorised gaming premises, locations frequented mainly by tourists (including airports, seaports, hotels and holi- day complexes, excluding bars and restaurants), con- ferences/events specifically organised by the gaming sector, the premises of operators, newspapers or magazines, etc. The regulations also provide that responsible gaming messages are to be prominently displayed within all advertisements, and that advertisements must not: • be directed towards minors or vulnerable persons; • encourage minors or vulnerable persons to play a game; • feature minors or appeal to them in any way; • exploit the susceptibilities, aspirations, credibility, inexperience or lack of knowledge of minors; or • present gaming as a sign of maturity or the transi- tion to adulthood. 9.5 Sanctions/Penalties If the MGA determines that a particular advertisement is in breach of legislation, it may order its modifica- tion, retraction or termination. The MGA may also take any administrative action it deems necessary, includ- ing the issuance of sanctions. Furthermore, where the MGA deems it necessary, it may also instruct the licensee to suspend the advertisement until it reach- es a final decision. The Court of Magistrates, in its criminal jurisdiction, is competent to take cognisance of any offences committed in this respect. However, criminal proceedings cannot be undertaken without the approval of the MGA. The prescriptive period in relation to actions in breach of advertising regulations is six years. Advertising Recommendations of the MGA in Light of the COVID-19 Pandemic With regard to the COVID-19 pandemic, the MGA has taken into consideration all relevant developments and is constantly proposing adequate and proportionate measures, bearing in mind the distress the pandemic has caused players and operators. The MGA has reit- erated that operators are bound by their obligations,
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