The operator-led advertising board launched last month, providing a platform for consumers and organizations to file complaints about gambling marketing activities. Operators and associations such as Danske Spil, Elite Gaming, Dansk Automat Brancheforening, and Dansk Kasinoforening have all pledged their support to the organization.
In the board’s first ruling, complaints were received regarding a gambling advertisement that aired on Danish channel TV2 in December. The ad was shown prior to the Christmas film Juleønsket, resulting in concerns of it targeting a child audience. Such targeting is strictly prohibited according to the board’s code of conduct.
Mr. Green, the advertiser, argued that they had purchased advertising space in the 18+ and 21+ categories from TV2, placing the responsibility of scheduling the ads on the channel. TV2, on the other hand, claimed that Juleønsket was classified as family entertainment rather than a children’s film. TV2 argued that the ad’s placement adhered to advertising standards.
However, the ad was subsequently removed from the Christmas calendar, prompting the board to take note of the case. Four board members, namely Thomas Marcussen, Lars Pynt Andersen, Kate Jacquerot, and Jacob Scherfig, unanimously agreed that Juleønsket should be classified as children’s programming. They also contended that the responsibility for scheduling should lie with the operator rather than the TV channel.
In their shared opinion, the board members stated, “We find that it is the gaming provider’s responsibility – in the form of more detailed agreements with the media in question – to ensure that gambling advertisements are not directed at children and young people under 18 years of age. We thus find that it is not sufficient to enter into an exposure agreement alone in the age category 18+ or 21+. As the defendant in this case has not ensured that the gaming advertisement was not aimed at children and young people under the age of 18, we find that the marketing initiative was in violation of the rules on marketing in the Gaming Act and in the Code of Conduct for the Gaming Industry. We thus vote in favor of the board expressing criticism of this.”
However, board member Morten Rønde dissented and expressed the opinion that the responsibility lies with the TV channel, not the operator.
