COMMERCIAL COMMUNICATIONS COMMITTEE DECISIONS

All Decisions mentioned below are in accordance with the Regulations stipulated in the Commercial Communications Regulations  (S.L. 583.09).

Applicable Provisions Regulations 12,17,18 and 19 of the Gaming Commercial Communications Regulations (S.L. 583.09).
Nature of Alleged Breach The commercial communication did not feature the name of the relevant authorised person and a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did display the minimum age requirement.
Decision The Committee deemed the Licensee to be in breach of Regulations 12, 17, 18 and 19 of the Regulations.
Applicable Provisions Regulations 5,12 and 18 of the Gaming Commercial Communications Regulations (S.L.583.09).
Nature of Alleged Breach The commercial communications exploited the situation relating to the COVID-19 pandemic by encouraging the public to stay indoors in order to partake in gambling activities. The Authority deemed this to be unethical and socially irresponsible. Furthermore, the commercial communications did not display the name of the relevant authorised person and a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required reference to a web portal address of an entity devoted to responsible gaming.
Decision The Committee deemed the Licensee to be in breach of Regulations 5,12, and 18.
Applicable Provisions Regulations 12,17,18 and 19 of the Gaming Commercial Communications Regulations (S.L. 583.09).
Nature of Alleged Breach The commercial communication did not feature the name of the relevant authorised person and a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.
Decision The Committee deemed the Licensee to be in breach of Regulations 12, 17, 18 and 19 of the Regulations.
Applicable Provisions Regulation 5 of the Gaming Commercial Communications Regulations (S.L. 583.09).
Nature of Alleged Breach The commercial communication exploited the situation relating to the COVID-19 pandemic by encouraging the public to stay indoors in order to partake in gambling activities. The Authority deemed this to be unethical and socially irresponsible.
Decision The Committee deemed the Licensee to be in breach of Regulations 5.
Applicable Provisions Regulations 12, 17, 18 and 19 of the Gaming Commercial Communications Regulations (S.L.583.09).
Nature of Alleged Breach The Commercial communication did not feature the name of the relevant authorised person and a reference to the entity which issued the relevant authorisations. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.
Decision The Committee deemed the Licensee to be in breach of Regulations 12, 17, 18 and 19.
Applicable Provisions Regulations 5 and 12 of the Gaming Commercial Communications Regulations (S.L.583.09).
Nature of Alleged Breach The commercial communication on social media exploited the situation relating to the COVID-19 pandemic by encouraging the public to stay indoors in order to partake in gambling activities and a solution to the boredom that one might experience as a consequence of the COVID-19 pandemic. Furthermore, the commercial communication did not feature the name of the relevant authorised person and a reference to the entity which issued the relevant authorisation.
Decision The Committee deemed the Licensee to be in breach of Regulations 5 and 12.
Applicable Provisions Regulations 5,12,17,18 and 19 of the Gaming Commercial Communication Regulations (S.L.583.09).
Nature of Alleged Breach The commercial communication was deemed to be socially irresponsible as it portrayed gambling as a solution to the boredom that one might experience as a consequence of the COVID-19 pandemic. Furthermore, the commercial communication did not feature the name of the relevant authorised person and a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.
Decision The Committee deemed the Licensee to be in breach of Regulations 5,12,17,18 and 19.
Applicable Provisions Regulation 5 and Regulation 20(d) of the Gaming Commercial Communications Regulations (S.L.583.09)
Nature of Alleged Breach The commercial communication featured popular characters and personalities, which were deemed to be predominately attractive to minors.
Decision The Committee deemed the licensee to be in breach of Regulation 5 and 20(d).
Applicable Provisions Regulation 5 of the Gaming Commercial Communications Regulations (S.L. 583.09).
Nature of Alleged Breach The commercial communication exploited the situation relating to the COVID-19 pandemic by encouraging the public to stay indoors in order to partake in gambling activities. The Authority deemed this to be unethical and socially irresponsible.
Decision The Committee deemed the licensee to be in breach of Regulation 5.
Applicable Provisions Regulations 5,12,17 and 18 of the Gaming Commercial Communications Regulations (S.L.583.09).
Nature of Alleged Breach The commercial communication exploited the situation relating to the COVID-19 pandemic by encouraging the public to stay indoors in order to partake in gambling activities. The Authority deemed this to be unethical and socially irresponsible. Furthermore, the commercial communication did not display the name of the relevant authorised person and a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming.
Decision The Committee deemed the licensee to be in breach of Regulation 5, 12, 17 and 18.
Applicable Provisions Regulation 5 of the Gaming Commercial Communications Regulations (S.L. 583.09).
Nature of Alleged Breach The commercial communication on social media suggested that engaging in gambling activities can be means to avoid exposure to the COVID-19 Virus.
Decision The Committee deemed the licensee to be in breach of Regulation 5.
Applicable Provisions Regulation 18 of the Gaming Commercial Communications Regulations (S.L.583.09).
Nature of Alleged Breach The commercial  communication failed to include the web portal address of an entity to responsible gaming.
Decision The Committee deemed the licensee to be in breach of Regulation 18.
Applicable Provisions Regulations 17, 18 and 19 of the Gaming Commercial Communications Regulations (S.L.583.09).
Nature of Alleged Breach The commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.
Decision The Committee deemed the licensee to be in breach of Regulations 17, 18 and 19.
Applicable Provisions Regulation 5 of the Gaming Commercial Communications Regulations (S.L. 583.09).
Nature of Alleged Breach The commercial communication exploited the situation relating to the COVID-19 pandemic by encouraging the public to stay indoors in order to partake in gambling activities. The Authority deemed this to be unethical and socially irresponsible.
Decision The Committee deemed the licensee to be in breach of Regulation 5.
Applicable Provisions Regulation 5 and Regulation 20(d) of the Gaming Commercial Communications Regulations (S.L.583.09)
Nature of Alleged Breach The commercial communication featured popular characters and personalities, which were deemed to be predominantly attractive to minors.
Decision

The Committee deemed the licensee to be in breach of Regulation 5 and Regulation 20(d) of the Gaming Commercial Communication Regulations (S.L 583.09)

Applicable Provisions Regulation 14 of the Commercial Communications Regulations (S.L. 583.09)
Nature of Alleged Breach  

The licensee promoted its services by means of a billboard advertisement. The licensee argued that the advert was aimed to target a specific demographic of people working in the gaming industry. Moreover, the licensee argued that the billboard was placed near the Malta International Airport.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 14.

 

Applicable Provisions Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)
Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 17, 18 & 19.

 

Applicable Provisions Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach The commercial communication was published on a magazine without displaying the relevant information in accordance with the Gaming Commercial Communications Regulations (S.L. 583.09). The licensee acknowledged that regulation 12 had been breached, however, the Committee was provided with sufficient evidence that proved that the other information had been included by the licensee.
Decision  

The Committee deemed the licensee to be in breach of Regulation 12.

 

Applicable Provisions Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)
Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 17, 18 & 19.

 

Applicable Provisions Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)
Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 17, 18 & 19.

 

Applicable Provisions Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)
Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 17, 18 & 19.

 

Applicable Provisions Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)
Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 17, 18 & 19.

 

Applicable Provisions Regulation 20 of the Commercial Communications Regulations (S.L. 583.09)
Nature of Alleged Breach  

The promotional article featured minors.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 20.

 

Applicable Provisions  

Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The promotional article did not display a reference to the entity which issued the relevant authorisation. Moreover, the promotional article lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The promotional article also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 17, 18 & 19.

 

Applicable Provisions  

Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The commercial communication did not feature a sign indicating the minimum age to participate in the game being promoted.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 19.

 

Applicable Provisions  

Regulation 14 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The commercial communication was displayed in premises accessible by the public.

 

Decision  

The Committee did not deem the licensee to be in breach of Regulations 14, since the licensee submitted evidence to the Committee attesting that the premises formed part of a hotel, thereby falling under the exemption envisaged in Regulation 14(2)(a) of the Regulations.

 

Applicable Provisions  

Regulation 12, 17, 18 & 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 17, 18 & 19.

 

Applicable Provisions  

Regulation 6 & Regulation 12 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The commercial communication portrayed irresponsible behaviour by showing individuals drinking alcohol while gambling. The said commercial communication also did not display the licence number.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 6 & 12.

 

Applicable Provisions  

Regulation 12, Regulation 13, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

Commercial Communication did not display the minimum information required by law.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 13, 17, 18 & 19.

 

Applicable Provisions  

Regulation 4 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

Promotional material relating to unlicensed games was issued on social media, redirecting anyone interacting with the commercial communication to the licensee’s website.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 4.

 

Applicable Provisions  

Regulation 12, Regulation 13, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The advertisement did not display the minimum information required by law.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 13, 17, 18 & 19.

 

Applicable Provisions  

Regulation 12, Regulation 13, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The advertisement did not display the minimum information required by law.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 13, 17, 18 & 19.

 

Applicable Provisions  

Regulation 12, Regulation 13, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The advertisement did not display the minimum information required by law.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 13, 17, 18 & 19.

 

Applicable Provisions  

Regulation 6 & Regulation 12 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The commercial communication portrayed irresponsible behaviour by showing individuals drinking alcohol while gambling. The said commercial communication also did not display the licence number.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 6 & 12.

 

Applicable Provisions  

Regulation 12, Regulation 13, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

Commercial Communication did not display the minimum information required by law.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 13, 17, 18 & 19.

 

Applicable Provisions  

Regulation 4 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

Promotional material relating to unlicensed games was issued on social media, redirecting anyone interacting with the commercial communication to the licensee’s website.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 4.

 

Applicable Provisions  

Regulation 12, Regulation 13, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The advertisement did not display the minimum information required by law.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 13, 17, 18 & 19.

 

Applicable Provisions  

Regulation 12, Regulation 13, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L. 583.09)

 

Nature of Alleged Breach  

The advertisement did not display the minimum information required by law.

 

Decision  

The Committee deemed the licensee to be in breach of Regulations 12, 13, 17, 18 & 19.

 

Applicable Provisions  

Regulation 17 & Regulation 18 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The advertisment that was published within a magazine did not display a responsible gaming message and the web portal address linking it to an entity devoted to responsible gaming.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 17 and Regulation 18. The licensee’s immediate response was taken into consideration in determining the enforcement action.

 

Applicable Provisions  

Regulation 12, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. Moreover, the commercial communication lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 12,17,18 and 19. The licensee’s immediate response was taken into consideration in determining the enforcement action.

 

Applicable Provisions  

Regulation 17 & Regulation 18 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication did not display a responsible gaming message and a web portal address of an entity devoted to responsible gaming.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 17 and Regulation 18. The licensee’s immediate response was taken into consideration in determining the enforcement action.

 

Applicable Provisions  

Regulation 6, Regulation 12, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The imagary used in this commercial communication depicted the consumption of alcoholic beverages whilst gambling activities are taking place. The commercial communication also did not display a reference to the entity which issued the relevant authorisation. The commercial communication also lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. Moreover, no minimum age requirement was displayed.

 

Decision  

The committee deemed the licensee to be in breach of Regulation 6,12,17,18 and 19. The licensee’s immediate response was taken into consideration in determining the enforcement action.

 

Applicable Provisions  

Regulation 17 & Regulation 18 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication did not display a responsible gaming message and a web portal address of an entity devoted to responsible gaming.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 17 and Regulation 18. The licensee’s immediate response was taken into consideration in determining the enforcement action.

 

Applicable Provisions  

Regulation 12, Regulation 17, Regulation 18 & Regulation 19 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication did not display a reference to the entity which issued the relevant authorisation. It also lacked the required responsible gaming message and web portal address of an entity devoted to responsible gaming. The commercial communication also did not display the minimum age requirement.

 

Decision  

‘The Committee deemed the licensee to be in breach of Regulation 12,17,18 and 19. The licensee’s co-operation was taken into consideration for the purpose of determining the enforcement action.

 

Applicable Provisions  

Regulation 4 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

An esports event was organised which was sponsored by an illegal gambling operator. This gave rise to breaches pertaining to the Commercial Communications Regulations (S.L. 583.09) and of the Gaming Act (Cap. 583 of the Laws of Malta), thereby also giving rise to criminal liability.

 

Decision  

‘The Committee deemed the company organising the event to be in breach of Regulation 4 of the Commercial Communications Regulations (S.L.583.09).

 

Applicable Provisions  

Regulation 7(1) and Regulation 8 of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The licensee reported an incident that occured on their systems whereby players were not effectively allowed to self-exclude themselves and block any marketing materials whatsoever by means of the mobile application. The incident report indicated the rectification measures to be imposed on the system.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 7(1) and Regulation 8. The licensee’s immediate response was taken into consideration for the purpose of determining the enforcement action.

 

Applicable Provisions  

Regulation 7(1) of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The licensee reported an incident concerning the circulation and marketing of emails and SMS’s to players. The incident report indicated the measures chosen to rectify the situation with immediate effect.

 

Decision  

‘The Committee deemed the licensee to be in breach of Regulation 7(1) of the Commercial Communications Regulations (S.L.583.09). The licensee’s immediate response was taken into consideration in determining the enforcement action.

 

Applicable Provisions  

Regulation 12[b] of the Commercial Communications Regulations (S.L.583.09

 

Nature of Alleged Breach  

The commercial communication failed to display a reference to the entity that issued the relevant Authorisation on various occasions.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 12(b) of the Commercial Communications Regulations (S.L.583.09)

 

Applicable Provisions  

Regulation 7(1) of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication consisted of the use of telephone communication for the provision of unsolicited communications.

 

Decision  

The Committee deemed the licensee to not be in breach of Regulation 7(1) of the Commercial Communications Regulations (S.L.583.09), since the licensee proved to the satisfaction of the Committee that the commercial communication was targeted towards players that subscribed to receive marketing material from the licensee in accordance with the preferences of the same players. Any player that did not opt to receive such marketing material was not contacted via such communication channels.

 

Applicable Provisions  

Regulation 6(a) of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication depicted individuals drinking alcoholic beverages whilst gambling.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 6(a) of the Commercial Communications Regulations (S.L.583.09). The licensee’s cooperation was taken into consideration for the purpose of determining the enforcement action.

 

Applicable Provisions  

Regulation 6(a) of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The promotional banners found on the licensee’s website made direct reference to illegal substances and substance abuse by displaying various imagery related to marijuana.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 6(a) of the Commercial Communications Regulations (S.L.583.09). The licensee’s cooperation was taken into consideration for the purpose of determining the enforcement action.

 

Applicable Provisions  

Regulation 14(1) of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication was displayed on a public transportation vehicle.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 14(1) of the Commercial Communications Regulations (S.L.583.09).

 

Applicable Provisions  

Regulation 6(e) of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication portrayed gaming in a manner which makes reference to toughness, resilience or recklessness.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 6(e) of the Commercial Communications Regulations (S.L.583.09). The licensee’s cooperation was taken into consideration for the purpose of determining the enforcement action.

 

Applicable Provisions  

Regulation 14(1) of the Commercial Communications Regulations (S.L.583.09)

 

Nature of Alleged Breach  

The commercial communication was displayed on a public transportation. Moreover, the vehicle in question was used as transportation for schools, meaning that minors and vulnerable persons were exposed to the licensee’s promotional material.

 

Decision  

The Committee deemed the licensee to be in breach of Regulation 14(1) of the Commercial Communications Regulations (S.L.583.09). The licensee’s cooperation was taken into consideration for the purpose of determining the enforcement action.

 

Commercial Communications Committee Guidelines

Title
Commercial Communications Committee Guidelines