ITALY Trends and Developments Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
Moreover, advertising of alcoholic beverages and spirits is prohibited if: • it is directed at minors; • it promotes the consumption of alcohol (even for enhancing performance or for unverified therapeutic purposes); and/or • it features minors consuming alcoholic bever - ages or spirits. These provisions have been further strength - ened by Legislative Decree 208/2021 and certain self-regulatory codes addressing, inter alia, the protection of minors on television and ensuring fair commercial communication. Violations of these provisions result in severe monetary penalties. However, there is greater flexibility for the sponsorship of alcoholic bev - erages that do not fall within the spirits category (due to their lower alcohol content). Gambling sponsorships and advertising under Italian legislation Gambling sponsorships and advertising are banned by Decree-Law 87/2018 (the so-called Dignity Decree), which prohibits any form of direct or indirect advertising and/or sponsorship related to betting and gambling – including dur - ing sports events. As with alcohol advertising, breaches of these rules incur severe monetary sanctions. Current trends concerning alcohol and betting sponsorships and advertising in sports While advertising and sponsoring alcoholic bev - erages and spirits is not entirely prohibited, there has been a recent trend towards promoting low- alcohol and non-alcoholic beverages by manu -
facturers of alcoholic drinks within the context of sports events. Conversely, after the Dignity Decree came into effect, companies offering betting and gambling services have continued to promote their brands by focusing on services other than betting and gambling (such as providing information, live scores, entertainment and gaming tips). Consequently, there is ongoing debate regard - ing potential amendments to the Dignity Decree, with a view to reintroducing the option for state- licensed betting and gambling agencies to engage in sponsorship and advertising. The New National Regulations on Safeguarding in Sport The fight against abuses and discrimination in sports In recent years, both national governments and sports institutions have become increasingly sensitive to issues of abuse and discrimination in sports. Consequently, the Italian government and sports bodies (including the National Olympic Commit - tee, Federations and clubs) have implemented “safeguarding” policies designed to combat all forms of abuse and discrimination in sports – with particular focus on protecting young peo - ple and women, who are especially vulnerable to physical, psychological and verbal abuse. Safeguarding under the “Sports Reform” Within the framework of the “Sports Reform” (Legislative Decree 39/2021), the Italian legisla - ture has mandated: • that all National Federations, Associated Sports Disciplines and Sports Promotion Entities (collectively “Sports Bodies” ) adopt
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