The Italian Communications Authority (AGCOM) has issued fines of 700,000 euros for breaching the Italian gambling advertising ban.
AGCOM imposed the fine on a video content creator because he promoted gambling products and services through his website and videos on well-known platforms. The second fine was imposed for permitting the video content to be distributed contrary to the Italian ban on gambling advertisements.
What does the Italian law say here? The rules provide for both the "owner of the website of communication or of destination" as well as the "owner of the media of communication or of destination" to be sanctioned. The "owner of the website of communication or of destination" is the “entity managing the site or the web pages,” in this case, the individual who created the videos which promoted gambling activities and invited people to send in videos promoting their own gambling winnings.
The “owner of the media of communication or of destination” is “the owner of the property rights or the entity that has the possibility to influence the content or dissemination of the advertising message,” in this case, the platform carrying the videos. It was responsible for ensuring that the channel did not publish illegal content.
If operators work with Italian partners they should ensure that they review their contracts with them to minimise liability under the Italian gambling advertising guidelines. It is worth remembering that AGCOM did not issue the fines because of the gambling content in the videos in and of itself, but because of the promotional nature of the messages in the videos. Information related to gambling products is permitted, but calls to action and inducements are not.