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(Jamma) To consider gambling addiction as addiction to tobacco or alcohol and for this reason any kind of advertising is forbidden. This is in extreme synthesis of the bill, presented last March 27, by the honorable Members of the BASSO PD, HOPE, MARIASTELLA BIANCHI, BONAFÈ, BORGHI, BRAGA, CARBONE, CAROCCI, CARRESCIA, CHAOUKI, FIORIO, GIACOBBE, LODOLINI, MANZI, MARCHETTI, MARIANI, MOSCA, NICOLETTI, PASTORINO, RAMPI, ROSATO, TULLO and VAZIO.
“We need to move – reads the introduction – from a political approach that encourages gambling, allowing it to be advertised and widening the possibilities of using it, to a different and more mature attitude, which recognizes its serious dangers and very high social costs”.
While article 1 of the proposal is dedicated to the definition of "game", articles 2 and 3 modify the provisions of article 7 of the decree-law of 13 September 2012, n. 158, converted, with amendments, by law 8 November 2012, n. 189 (the so-called «Balduzzi decree»), making a decisive step forward with respect to the first regulation introduced by it. In fact, the rules proposed here introduce a ban on any type of advertising for games involving cash prizes. The rules on the mandatory nature of the warning formulas in game slips and coupons are also confirmed, but it is specified that these formulas must cover at least 20 percent of the total surface area, in compliance with what is already envisaged for tobacconists. finally, article 4 identifies the mayor as the competent authority for authorizing the exercise of the games, subject to the opinion of the questore and without prejudice to the powers established by articles 86 and 88 of the consolidated text of public safety laws, referred to in the royal decree 18 June 1931, n. 773, concerning public establishments and licenses for gaming concessionaires.
Article 5 envisages limitations on the issue of authorizations for the opening of gambling halls and betting collection points as well as on the installation of legal gaming machines envisaged by article 110 of the same consolidated text of public safety laws, of referred to in the Royal Decree of 18 June 1931, n. 773.
Furthermore, this bill introduces rules that are easy and immediate to apply and have a great impact on the daily life of millions of citizens.
Below is the original text of the bill
ART. 1.
(Definition).
1. For the purposes of this law, «games» means all games involving cash prizes and with respect to which the Customs and Monopolies Agency carries out regulation and control activities.
ART. 2.
(Prohibition of advertising propaganda).
1. Paragraph 4 of article 7 of the decree-law of 13 September 2012, n. 158, converted, with amendments, by law 8 November 2012, n. 189, is replaced by the following:
« 4. Advertising propaganda, in any form, direct or indirect, of games involving cash prizes is prohibited. Both the client of the advertising message and the owner of the means by which the same advertising message is disseminated are punished with a pecuniary administrative sanction consisting in the payment of a sum ranging from one hundred thousand to five hundred thousand euros ».
ART. 3.
(Warning formulas).
1. Paragraphs 5 and 5-bis of article 7 of the decree-law of 13 September 2012, n. 158, converted, with amendments, by law 8 November 2012, n. 189, are replaced by the following:
« 5. Statements warning about the risk of addiction to playing games with cash prizes, as well as the relative probabilities of winning, must be indicated on the coupons or coupons of such games, so as to cover at least 20 percent of the surface. If the probability of winning cannot be defined, the historical percentage for similar games is indicated. If the amount of data to be reported in relation to the odds of winning is such that it cannot be contained in the size of the coupons or coupons, the latter must indicate the possibility of consulting information notes on the odds of winning, published on the institutional websites of the 'Customs and monopolies agency as well as individual concessionaires and available at game collection points. The same warning formulas must be applied to the devices referred to in article 110, paragraph 6, letter a), of the consolidated text of public safety laws, referred to in royal decree no. 18, and subsequent modifications; the same formulas must be indicated on special plates displayed in the areas or in the rooms where the video terminals referred to in article 1931, paragraph 773, letter b), of the aforementioned consolidated text referred to in Royal Decree no. 110 of 6, as well as in points of sale where the main activity is to offer bets on sporting events, including horse racing, and non-sporting events. These formulas must also appear and be clearly legible when accessing internet sites intended to offer games with cash prizes. For the purposes of this paragraph, the managers of gaming halls and establishments in which public games are offered, or bets on sporting events, including horse racing, and non-sporting events, are required to display, at the entrance and inside premises, the information material prepared by the local health authorities, aimed at highlighting the risks related to gambling and signaling the presence in the area of public assistance services and organizations in the private social sector dedicated to the treatment and social reintegration of people suffering from diseases related to pathological gambling (GAP).
5-bis. The client of the advertising message referred to in paragraph 4 and the owner of the means by which the same advertising message is disseminated are both punished with the pecuniary administrative sanction consisting in the payment of a sum ranging from one hundred thousand to five hundred thousand euros. Non-compliance with the provisions referred to in paragraph 5 is punished with a pecuniary administrative sanction consisting in the payment of a sum equal to fifty thousand euros, imposed on the concessionaire; for violations relating to the devices referred to in the aforementioned article 110, paragraph 6, letters a) e
b), the same sanction applies only to the person who owns the arcade or gaming collection point; for violations committed in points of sale in which the offer of bets is exercised as the main activity, the same sanction applies only to the person who owns the point of sale, if different from the concessionaire. The Customs and Monopolies Agency is competent for the activities of contesting the offenses as well as the imposition of sanctions, which provides for them pursuant to the law of 24 November 1981, n. 689.
5-ter. The Ministry of Education, University and Research informs primary and secondary education institutes of the educational value of the theme of responsible gaming so that the institutes themselves, within the sphere of their autonomy, can prepare educational initiatives aimed at representing students the authentic meaning of the game and the potential risks associated with its abuse or misperception ».
ART. 4.
(Competent authority for the authorization of lawful gaming).
1. The opening of gambling halls, points of sale in which the main activity is the offer of bets on sporting events, including horse racing, and non-sporting events, the exercise of lawful gaming in premises open to the public and the 'installation of equipment suitable for lawful gaming referred to in article 110, paragraph 6, letters a) and b), of the consolidated text referred to in Royal Decree June 18, 1931, n. 773, and subsequent amendments, are subject to the authorization of the mayor of the municipality responsible for the area, issued with the opinion of the questore. The application of the provisions of articles 86 and 88 of the cited consolidated act referred to in Royal Decree no. 773 of 1931, and subsequent modifications.
ART. 5.
(Limitations on the authorization of lawful gaming).
1. The authorization referred to in article 4 is not granted if the premises or business for which it is requested is located within a radius of 300 metres, measured according to the shortest pedestrian distance, from educational establishments of any order and level , places of worship, sports facilities and youth centers or other institutions attended mainly by young people or by residential or semi-residential structures operating in the health or social welfare sector or by accommodation facilities for protected categories.
The authorization is granted for five years and can be renewed upon expiry.
For authorizations existing on the date of entry into force of this law, the five-year term starts from the same date of entry into force.
2. Regions and municipalities may establish other sensitive places in relation to which the authorization referred to in Article 4 may be denied, taking into account the impact of the same on the urban context and on urban safety or problems associated with the road network, noise pollution or disturbance of public peace.
3. Any advertising activity relating to the opening or operation of gaming rooms is prohibited.
ART. 6.
(Provisions on efficacy).
1. The provisions of paragraphs 4, 5, 5-bis and 5-ter of article 7 of the decree-law of 13 September 2012, n. 158, converted, with amendments, by law 8 November 2012, n. 189, as replaced by articles 2 and 3 of this law, take effect from 1 January 2014. From the same date, paragraphs 4-bis and 6 of the aforementioned article 7 are repealed. Until 31 December 2013, they continue to apply. the provisions of paragraphs 4, 4-bis, 5, 5-bis and 6 of the same article 7, in the text in force on the day before the date of entry into force of this law.
