(Jamma) Total ban on advertising for gambling, minimum distances of 300 meters between gaming rooms and sensitive places, obligation to use a health card to access gaming machines: these are some of the measures envisaged by the unified text on gambling addiction voted by the Social Affairs Commission of the Chamber. The text summarizes the content of 8 bills presented by deputies of different parties; in the coming weeks, a date will be set for the deadline for the presentation of the amendments: as explained by the deputy for Civic Choice Paola Binetti, "it is in no way a question of a definitive text". Below are the main measures contained in the provision.
PROHIBITION OF ADVERTISING
Article 10 of the text establishes that "advertising propaganda of gambling is prohibited in the national territory", and provides for fines ranging from 5.000 to 50.000 euros for transgressors.
MINIMUM DISTANCES BETWEEN PLAYING ROOMS AND SENSITIVE PLACES
Article 11 provides that "the operation of new gaming halls and new points of sale in which the main activity is to offer bets on sporting events, including horse racing, or non-sporting events, is prohibited at a distance of less than 300 meters from schools, hospitals and residential structures operating in the health or social welfare sector, places of worship, barracks, youth centers and centers for the elderly, as well as at a distance of less than 100 meters from banks and post offices".
HEALTH INSURANCE CARD
The text provides that "access to entertainment machines, video games and online games is allowed only through the use of the health card". Within six months of the entry into force of the law, the Customs and Monopolies Agency "adopts a decree to make it compulsory to introduce mechanisms suitable for automatically blocking minors' access to games, by inserting, in the software of amusement machines, video games and online games, special filter systems. The personal data of the players are registered through the "health card" system, which provides functions for detecting the number and amount of the sums played, even progressively by the players, in order to allow them to exclude themselves from the game, even temporarily, and which allow the players themselves to foresee a possible limit to the amount played”.
TOOL-FREE NUMBER FOR THE FAMILIES OF PATHOLOGICAL GAMERS
The establishment of a national toll-free number, active 24 hours a day, is envisaged to provide players' families with "information relating to the legal and economic aspects relating to losses from GAP, accumulated debts, the dissipation of assets and the possibility to take advantage of the support administration”.
FUND FOR THE PREVENTION AND TREATMENT OF LUDOPATHY
The last of the 12 articles of the text provides for the establishment, within the Ministry of Health, of a Fund for the prevention, treatment and rehabilitation of pathological gambling and of a Fund for the families of subjects affected by gambling pathological gambling. The first Fund will be fed through the reduction of 1% of the percentage of the sums played intended for the remuneration of operators and concessionaires. The Fund for the families of pathological gamblers will instead be financed by 0,1% of the revenue deriving from the collection of administrative fines relating to gambling.
Below is the full text of the consolidated law
ART. 1.
(Subject and purpose).
1. This law introduces measures aimed at ensuring:
a) the protection, treatment and rehabilitation of subjects affected by pathological gambling, defined pursuant to article 2, and their family members;
b) the protection of minors and vulnerable subjects;
c) the prevention of the spread of risk factors of pathological gambling.
ART. 2.
(Definition).
1. Subjects who present clinically relevant symptoms related to the loss of control over their gambling behavior, with evident compulsion to repeat and with compulsive behaviors such as to cause serious deterioration to their personality, comparable to other addictions, such as drug addiction and alcoholism.
ART. 3.
(Essential levels of assistance for the treatment of pathological gambling and related certification).
1. For the purposes of applying the provisions of article 5, paragraph 2, of decree law no. 13, converted, with amendments, by law 2012 November 158, n. 8, the services responsible for the prevention of pathological gambling (GAP) and for the treatment and rehabilitation of the subjects who are affected by it are identified in the addiction services set up by the regions within the respective regional health systems.
2. The same services promote interventions of prevention, treatment and outpatient and residential rehabilitation of people affected by GAP pathology, also through mutual help groups, in analogy to what is foreseen for other addictions, on the basis of the guidelines prepared by the Ministry of Health, having consulted the Observatory referred to in article 5.
3. The certification of the diagnosis of pathological gambling is issued by the social-health centers identified by the regions.
4. Pathological gambling diagnosis certification entitles you to:
a) the exemption from sharing in the cost of healthcare expenses, in relation to services related to the treatment of the pathology;
b) access to the structures of the regional centers for evaluation and diagnosis, psychological and pharmacological assistance and hospitalization, if necessary, in centers specialized in the treatment of the pathology.
5. Within thirty days from the date of entry into force of the decree of the President of the Council of Ministers referred to in the aforementioned article 5, paragraph 1, of the decree-law of 13 September 2012, n. 158, converted, with amendments, by law 8 November 2012, n. 189, the Minister of Health makes the necessary additions to the ministerial decree of 28 May 1999, n. 329, as amended by the ministerial decree 21 May 2001, n. 296, in order to include GAP pathology among the diseases and conditions that give the right to exemption from the participation in the cost of health care services.
ART. 4.
(Establishment of a toll-free number).
1. In order to guarantee support and help to the families of subjects affected by GAP, a national toll-free number is set up at the Ministry of Health, active XNUMX hours a day, aimed at providing players' families with information relating to the legal aspects and economic relating to losses from GAP, accumulated debts, dissipation of assets and the possibility of using support administration, as well as to provide indications on the identification, manifestations and treatment of the pathology and on the structures to contact in the area of residence.
ART. 5.
(National observatory on pathological gambling addiction).
1. By decree of the Minister of Health, to be issued within three months from the date of entry into force of this law, the National Observatory on pathological gambling addiction, hereinafter referred to as « observatory". The Observatory is chaired by the Minister of Health or his delegate and carries out its activities in collaboration with the regions.
2. The Observatory:
a) monitors pathological gambling addiction, with particular reference to the social, economic and psychological costs associated with it, as well as the related risk factors, in relation to the health of players and household debt;
b) drafts and transmits to the Minister of Health an annual report on the activity carried out; this report may also contain proposals aimed at improving the system of social-health and social-welfare interventions in favor of subjects affected by GAP;
c) within one year from the date of entry into force of this law, defines the guidelines for the promotion and implementation of information campaigns, aimed at preventing pathological behavior and forms of addiction related to gambling;
d) program training courses on the risks associated with gambling, aimed at private individuals who carry out commercial activities related to gambling and held by individuals with proven expertise and experience in the matter, identified as a priority among the service operators for drug addictions.
3. The Observatory includes:
a) five members designated, respectively, one by the Ministry of Health, one by the Ministry of Labor and Social Policies, one by the Ministry of Education, University and Research, one by the Ministry of Economic Development and one by the Ministry of economy and finance;
b) three members designated by the Conference of Presidents of the Regions and Autonomous Provinces, chosen from drug addiction service operators;
c) three members designated by the National Association of Italian Municipalities;
d) three members identified by the Minister of Labor and Social Policies among the national voluntary associations representing families and young people;
e) three members identified by the Minister of Health among the third sector associations of a national nature which carry out activities for the prevention of pathology from GAP and for the treatment and rehabilitation of the subjects who are affected by it.
4. The members of the Observatory are not entitled to fees, tokens, emoluments or indemnities, however defined, nor reimbursement of expenses. The functioning of the Observatory is provided within the ambit of the human, financial and instrumental resources available under current legislation and, in any case, without new or greater burdens for public finance.
5. Starting from the establishment of the Observatory referred to in this article, the activity of the Observatory established pursuant to article 7, paragraph 10, last sentence, of the decree-law 13 September 2012, n. 158, converted, with amendments, by law 8 November 2012, n. 189.
ART. 6.
(Information and education on the risk factors of gambling).
1. The Ministry of Education, University and Research, in agreement with the Ministry of Economy and Finance, on the proposal of the Observatory, prepares information campaigns and promotes education projects on the risk factors of gambling gambling in schools of all levels.
2. The Ministry of Health, in concert with the Ministry of Economy and Finance, on the proposal of the Observatory, prepares specific information and awareness campaigns for citizens aimed at:
a) knowledge of the damage to health deriving from excessive gambling;
b) the dissemination, through local health agencies, of programs aimed at tackling the problem of gambling addiction.
3. Within six months from the date of entry into force of this law, by decree of the Minister of Health, subject to agreement at the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, having heard the 'Observatory, the guidelines are defined for carrying out training and updating activities for operators of drug addiction services, mental health services and operators of voluntary associations and the third sector who carry out prevention, treatment and rehabilitation activities of individuals with GAP. These courses are aimed at acquiring the necessary skills to deal with and prevent social and health problems associated with gambling.
4. Inside the gaming halls it is mandatory to display the information documentation relating to the assistance services available at local and national level in favor of subjects affected by GAP pathology. The forms are also available at the same premises, prepared by the local health authority responsible for the area, through which players can undergo a self-assessment test to determine the risk of gambling addiction.
ART. 7.
Support administrator).
1. Article 404 of the Civil Code shall apply to subjects affected by pathological gambling addiction, where the conditions are met. Without prejudice to the provisions of Chapter II of Title XII of Book One of the Civil Code »
ART. 8.
(Contrast measures and positive actions for the protection of minors and vulnerable subjects).
1. In article 24, paragraph 21, of decree law no. 98 of 2011, converted, with amendments, by law no. 111 of 2011, the words: «from five thousand euros to twenty thousand euros» are replaced by the following: «from 10.000 euros to 30.000 euros».
2. Access to entertainment machines, video games and online games is allowed only through the use of the health card.
3. The Customs and Monopolies Agency, within six months from the date of entry into force of this law, adopts a decree to make it mandatory to introduce mechanisms suitable for automatically blocking minors' access to games, by the inclusion, in the software of amusement machines, video games and online games, of special filter systems.
4. The personal data of the players are registered through the "health card" system, which provides functions for detecting the number and amount of the sums played, even progressively by the players, in order to allow them to exclude themselves from the game, even temporarily, and which allow the players themselves to foresee a possible limit to the amount played. The technical procedures for the of this paragraph in line with the security measures provided for in the legislative decree 30 June 2003, n. 196 and in the related technical specification (attachment B).
5. The data collected by the health card system pursuant to paragraph 4, without direct identification elements, are transmitted to the Ministry of Health, for the purposes referred to in article 5, paragraph 2. The decree referred to in paragraph 4 defines the methods of implementation of this paragraph.
6. In order to systematically detect the information relating to subjects affected by GAP, the National Addiction Information System (SIND) pursuant to the decree of the Minister of Health of 11 June 2010, published in the Official Gazette no. 160 of 12 July 2010, is integrated with data relating to GAP pathology.
7. Each gaming device and video terminal must bear general and supplementary warnings on the risks deriving from pathological gambling and concerning the disorders attributable to this pathology.
The warnings are printed in an easily legible, irremovable and indelible manner on each gaming device or video terminal.
8. The wording as well as the graphic and chromatic characteristics of the general and supplementary warnings to be affixed to each gaming device or video terminal are defined with the decree referred to in paragraph 3.
9. Anyone who installs gaming equipment or video terminals in premises open to the public that do not comply with the criteria set out in paragraph 3 is punished with a fine of between 5.000 and 50.000 euros against the offender. In the event of recidivism, a pecuniary administrative sanction from 10.000 to 100.000 euros is applied, as well as the seizure of the device or video terminal.
ART. 9.
(Labeling of instant lottery coupons).
1. Instant lottery coupons must contain messages in Italian on both sides, indicated in print and in such a way as to cover at least 20 percent of the corresponding surface, bearing warnings relating to the risks and damages associated with gambling, which alternate so that they appear regularly.
2. The content of the warnings referred to in paragraph 5 and the graphic characteristics with which the related text must be printed.
3. The warnings referred to in paragraph 1 are immovably and indelibly printed, without being able to be in any way concealed, covered or interrupted by other indications or images.
4. Instant lottery coupons produced up to the date of entry into force of this law may also be offered for sale after that date, for a maximum period of 12 months.
ART. 10.
(Prohibition of gambling advertising propaganda).
1. The advertising of gambling is prohibited in the national territory.
2. Anyone who transgresses the prohibition referred to in paragraph 1 is subject to an administrative fine ranging from 5.000 to 50.000 euros.
ART. 11.
(Obligations relating to gambling venues).
1. The operation of new gaming halls and new points of sale in which the main activity is to offer bets on sporting events, including horse racing, or non-sporting events, is prohibited at a distance of less than 300 meters from schools all levels, hospital and residential or semi-residential structures operating in the health or social welfare sector, places of worship, barracks, youth centers and centers for the elderly, as well as at a distance of less than 100 meters from banks and post offices.
2. The installation of equipment suitable for lawful gaming envisaged by article 110, paragraph 6, letters a) and b), of the consolidated act of public safety laws, pursuant to Royal Decree no. 18, and subsequent amendments, in premises open to the public, can be carried out exclusively in specific and circumscribed spaces, and in any case separated from the rest of the premises, in which the ordinary activity takes place.
3. By way of derogation from article 51, paragraph 1, letter b), of the law of 16 January 2003, n. 3, in places where gambling activities take place, smoking is always prohibited, even in the presence of ventilation and air exchange systems. This prohibition also extends to electronic cigarettes.
4. In order to ensure that the performance of gambling activities does not cause damage to the health of citizens, within six months from the date of entry into force of this law, by decree of the Minister of Health, having heard the Observatory referred in article 5, in agreement with the Minister of Economic Development, measures are identified to prevent the introduction of tools suitable for inducing gambling addiction and promoting the loss of self-control in places where gambling activities take place by the players, as well as the measures to foresee a minimum time that elapses between one play and another.
ART. 12.
(Fund for the prevention, treatment and rehabilitation of pathological gambling and Fund for the families of subjects affected by GAP).
1. In the estimates of the Ministry of Health, the Fund for the prevention, treatment and rehabilitation of pathological gambling is established, in order to finance prevention, information, training and treatment interventions in in favor of people affected by GAP pathology, within the scope of the objective plan envisaged by the Ministry of Health.
2. In order to reduce the discomfort of families, also through the toll-free number referred to in article 4, the Fund for the families of subjects affected by pathological gambling is also established, in the estimates of the Ministry of Labor and of social policies.
3. The funds referred to in paragraph 1 are allocated the sums deriving from the reduction of 1 percent of the percentages of the sums played intended for the remuneration of the operators and concessionaires included in the list referred to in article 1, paragraph 533, of the law 23 December 2005, no. 266, and subsequent amendments, with reference to the public gaming sector governed by the sixth paragraph of article 110, of the consolidated text of public safety laws, referred to in the royal decree of 18 June 1931, n. 773, and subsequent amendments, and by article 24 of law 7 July 2009, n. 88. The Ministry of the Economy and Finance - Autonomous Administration of State Monopolies, with its own managerial decrees, in the matter of public games, to be adopted within sixty days from the date of entry into force of this law, defines the terms and methods of implementation of the provisions referred to in this paragraph.
4. The funds referred to in paragraph 2 are allocated the sums deriving from a percentage share of 1 per cent of the revenue deriving from the collection of administrative pecuniary sanctions, referred to in article 24, paragraph 21, of the decree-law of 6 July 2011 , n. 98, converted, with amendments, by law 15 July 2011, n. 111, as amended by article 6, paragraph 1, of this law, and of the administrative pecuniary sanctions referred to in paragraph 4 of article 6 as well as in paragraph 2 of article 8 of this law.
