Lottomatics and game advertising. “David vs Goliath” comment by the lawyer. Osvaldo Asteriti

Lottomatic. In the first quarter of 2013 revenues of 798 million euro (+2%)
Online gaming: gaming sites blocked by Monopolies drop to 4.317

 

If a tree falls in a forest where there is no one, does that tree make a noise as it falls? If something happens without anyone being informed, did it really happen?

 

The game is dangerous to health and the players must be informed of the danger. This requires the law which requires the use of warning formulas on the risk of addiction in game advertising and on the dealers' institutional sites.

 

"Gambling can cause pathological addiction”, as exemplified by the monopolies themselves.

 

Lottomatica, however, used on the site and in the advertising of the game “10 e lotto” a different formula “play too can cause pathological dependence”. Considering the formula used to be misleading, at the beginning of January we reported the fact to the Competition and Market Authority, and to the Customs and Monopolies Agency.

 

The AGCM, according to a now consolidated "guideline", did not even respond.

 

The monopolies, on the other hand, communicated to us by registered letter dated March 20 that the message used was in fact compliant with what the law required, without responding to our further objection dated April 2.

In the advertising of the game “10 e lotto” broadcast on television these days and on the website of the Lottomatic, however, the message "playing can cause pathological addiction" now appears, without the adjective too much, which is what we requested.

 

It may seem like a small thing to some, but we think it's important, because it demonstrates a few things.

 

First of all, that it is possible to fight and win a battle of legality against… legal gambling.

 

Which, as mentioned several times, in addition to requiring the introduction of new rules to combat gambling, moreover to those who exploit it economically, it is useful to demand compliance with existing rules.

That, in addition to the economic interests of the state, there are people's rights to be respected, that of health before all others.

 

Certainly it is a half-victory, at least until it is kept in the limbo of silence that characterizes the communication relating to the games, even by the press.

 

If David beats Goliath, but no one knows it, the victory risks being useless.

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