MONTENEGRO Law and Practice Contributed by: Luka Popović and Milana Savović, BDK Advokati
9.4 Restrictions on Advertising General restrictions on advertising imposed under the Consumer Protection Act ( Zakon o zaštiti potrošača , “Official Gazette of Montenegro” Nos 02/14, 06/14, 43/15, 70/17, 67/19, 146/21, 84/24) apply to gambling operators as well. In this sense, Article 29 (1) prohibits any advertising of products and services that: • misleads or may mislead the consumer; • discriminates against consumers on the basis of race, gender or nationality; • offends dignity, religious or political beliefs; or • incites violence or behaviour that is detrimental to security and consumer health or the environment. Article 29 (2) prohibits advertising that threatens the health, psychological or moral development of minors. Also, Article 29 (3) provides that it is forbidden to use comparative, fraudulent and false propaganda and advertising messages that deceptively promote a product or service, overstating its effects or results. The Illicit Advertising Act prohibits misleading adver- tising and sets out conditions under which compara- tive advertising may be permitted (Article 5). The Games of Chance Act establishes a stricter regu- latory framework for advertising gambling activities, including the following prohibitions: • advertising the operator or organisation of games of chance services on radio and television pro- grammes intended for minors and youth, including 15 minutes before or after such programmes, and in printed materials intended for minors and youth; • advertising of games of chance in all media and at events intended for minors and youth ‒ this prohibi- tion applies to operators, media founders, publish- ers, and event organisers; • advertising benefits related to games of chance services (bonus, jackpot, prize, free spin, and oth- ers), except through the official websites of opera- tors or the websites of sports clubs and associa- tions sponsored by the operator being advertised; • advertising games of chance on radio and televi- sion from 6 am to 10 pm; • advertising games of chance services in print media, except on pages dedicated to sports; and
• advertising operators and games of chance ser- vices through online publications, except through online publications that are entirely dedicated to publishing sports content or sports sections of other online publications. All permitted advertising must include warnings that games of chance may cause addiction (in the form of an appropriate warning text regarding the preven- tion of addiction-related disorders) and that minors under the age of 18 are prohibited from participating in games of chance. Advertising related to games of chance is not allowed to: • idealise participation in games of chance or pre- sent it as desirable and positive; • encourage excessive participation in games of chance; • portray daily participation in games of chance as part of everyday life, daily routine, or consumer behaviour such as purchasing food or clothing; • present participation in games of chance as neces- sary or harmless entertainment; • present participation in games of chance as a solution to financial problems, a means of improv- ing financial status, or as an alternative to employ- ment; • present participation in games of chance as a means of promoting social success or acceptance; • create false or unrealistic impressions regarding the possibility of winning by excessively emphasising the chances of a large win, or present participation in games of chance as something that does not entail any financial, social, or health consequences; • exploit the ignorance, inexperience, or gullibility of players with respect to games of chance; • offer money for participation in games of chance, free participation in games involving money, or participation at a discounted price; • offer other games of chance or other goods in exchange for winnings obtained; • offer random prizes in exchange for the possibility of winning included in the purchase/participation in a game of chance;
338 CHAMBERS.COM
Powered by FlippingBook