How Ireland’s latest advertising restrictions will impact gambling operators

Introduction

New restrictions on gambling advertising come into force in 2026. In this article, we focus on the restrictions which will apply once the new regime comes into effect and examine the impact they will have on operators.

The Gambling Regulation Act 2024 (the “Act”) was signed into law in October last year. The operative provisions of the Act as they apply to licensing and advertising are subject to commencement orders, which means that, for the time being at least, the vast majority of the provisions are not yet in effect. As such, the law in Ireland is effectively in a state of flux – transitional provisions have been included which provide that the existing legislation will continue to apply until the relevant provisions of the Act become operative. As the majority of the provisions of the Act apply to licensees (i.e. the holder of a licence under the Act), it is expected that the Act will come into effect when the first licences are issued by the new Gambling Regulatory Authority of Ireland (“GRAI”) which is expected to take place in July 2026.

In this article, we will focus on some of the advertising restrictions which will apply once the new regime comes into effect. At the outset, it is important to point out that the Act has been framed by the Irish government as a public health measure designed to combat the issue of problem gambling in Ireland. Speaking on the passing of the Act last year, then Minister of State, James Browne, commented that “At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities”. Given that the Act has been framed as a public health measure it will come as little surprise therefore that the Act contains many provisions which are focused on protecting players and minors from the potential harms which can arise from gambling.

What content is caught by the new restrictions?

Many of the restrictions contained in the Act and which apply to advertising apply to “relevant content”, which is defined broadly. Section 143 of the Act provides that a licensee must, in advertising relevant content or causing another person to advertise relevant content on the licensee’s behalf, comply with obligations imposed in relation to advertising imposed by the Act and, where applicable, imposed by applicable regulations. The “relevant content” to which the Act applies includes relevant gambling activities (i.e. a betting activity, game or lottery requiring a licence under the Act), but also includes “in the case of a Business to Consumer gambling licence, the licensee of that gambling licence”. Therefore, any reference to a licensee in an advertisement would potentially be caught by the restrictions, even where the advert does not depict or refer to any specific gambling activities or promotions.

On demand, streaming services and social media advertising (sections 145 and 146)

Section 145 of the Act prohibits the advertising of relevant content on audiovisual on-demand media services[1] (e.g. Netflix, BBC iPlayer) or on-demand sound services[2] (e.g. Spotify, Audible) unless the intended recipient has an account with the service and the licensee complies with the applicable regulations. This restriction would apply to the placement of gambling adverts in the programmes themselves.

There are exemptions provided in the Act to cater for situations where logos, trademarks or marketing images of a licensee at a sporting event or details of the sponsorship of a sporting event by a licensee are visible or audible in the content. Therefore, logos on Premier League football jerseys which are visible on Match of the Day highlights on BBC iPlayer or a reference to a licensee sponsored event (e.g. the Ladbrokes King George VI Chase or the Unibet Champion Hurdle) discussed on a podcast would be permitted as they are displayed/mentioned in the context of a sporting event. Conversely, the sponsorship of a podcast by a betting company would not benefit from the exemption as the podcast itself is not a sporting event.

Additional restrictions are imposed when advertising relevant content on a social media service[3] (e.g. Facebook, Instagram, X) or a video-sharing platform service[4] (e.g. YouTube, TikTok, LinkedIn). Section 146 prohibits licensees entering into an arrangement (howsoever described) with another person for the purposes of advertising relevant content on a social media service or a video-sharing platform service unless the recipient has an account with that social media service or video-sharing platform service, and in addition to this requirement, the recipient must also have subscribed to the licensee’s account on that service. The meaning of “subscribe” for the purposes of section 146 of the Act is not clear. One expects that it would mean “following”, “subscribing”, “connecting” or “adding as a friend”, depending on the platform in question. We await further guidance on this point.

One would question how operators could run any type of sponsored advertising on social media platforms unless there is functionality to allow this advertising to be shown only to subscribers. A further consequence of this is that it will make it more difficult to increase subscribers to and engagement with licensees’ accounts. It also creates a substantial barrier to new entrants in the market who will find it extremely difficult to grow their social media following organically. Social media companies, video sharing platforms as well as licensees will each need to update their advertising terms of service to ensure that section 146 of the Act is complied with.

Whilst the restrictions in the Act have been diluted from the initial draft of the legislation (which required recipients of gambling advertising explicitly to opt-in to receiving gambling related content), the provisions remain very restrictive for operators. The net effect is that operators will not be able to run advertising except to subscribers/followers, which is extremely difficult from a practical perspective. How this will work in practice remains to be seen and we await guidance from the Gambling Regulatory Authority of Ireland on this point, however, operators may end up in a scenario where they will have to switch their accounts to a “private” or “followers/subscribers only mode”, such that any content and posts (as well as any pushed advertising) will not be visible to a user unless they are a subscriber.

The “watershed” (section 149)

Section 149 of the Act prohibits licensees from entering into an arrangement with an audio-visual on-demand media service, an on-demand sound service or a broadcaster[5] for the purposes of advertising of “relevant content” between the hours of 5.30 am and 9.00 pm. This effectively creates a watershed between 9.00 pm and 5.30 am, during which time relevant content is permitted. It is important to note that this restriction does not apply to advertising on electronic communications, social media services or video-sharing platform services.

The wording of the Act refers to a licensee entering into an arrangement with an audio-visual on-demand media service, an on-demand sound service or a broadcaster to advertise relevant content. Therefore, the watershed would not apply to the incidental broadcast of a licensee’s name or logo at a sporting event (e.g. on advertising hoardings at a football match or horse racing meeting). Similarly, arrangements between the producers of content and a licensee which are published on an audio-visual on-demand media service or an on-demand sound service would not be caught by the watershed provisions.

The watershed is undoubtedly one of the most scrutinised aspects of the Act. During the parliamentary debates on the legislation, there were calls for a blanket prohibition on gambling advertising (similar to the prohibitions on cigarette advertising in Ireland). Similar restrictions were introduced in Ireland in the context of alcohol advertising, which is prohibited in certain places (e.g. public parks, playgrounds, on public transport, and in or near schools). It is also banned at sporting events and events aimed at children. However, zero-alcohol products (with similar branding to their full-strength equivalents) are being marketed in these locations, with the government facing criticism for allowing the alcohol companies to circumvent the legislation. It is not surprising, therefore, that the Irish government have held firm on the watershed particularly having regard to the framing of the Act as a public health measure.

Electronic communications (section 147)

Section 147 of the Act provides that advertising “relevant content” by way of electronic communications (e.g. email, SMS or telephone) is also prohibited unless the recipient has consented to receiving advertising by means of electronic communication. These communications are also required to have an easily accessible mechanism to enable the recipient to stop receiving the advertising content.

It is unclear as to what level of consent is required on the part of the recipient. The wording of section 147 refers to the recipient having “given consent” which suggests this would require some level of affirmative consent (e.g. ticking a box to allow for the communications, rather than ticking a box to opt-out (and to state what communications the recipient is consenting to (i.e. email, text, etc.)). We await further guidance from the GRAI on this point.

Prohibited material in advertisements (section 148)

In addition to the above, section 148 of the Act prohibits any advertisements containing relevant content which portrays gambling as attractive to children, condones or encourages child gambling or excessive or compulsive gambling, or which misleads, deceives or confuses the public about the social or financial advantages of gambling.

Supplemental regulations (section 144)

The GRAI are required to introduce regulations promoting “responsible play” in gambling advertisements. This may include details such as:

• name and contact details of the licensee and the type of licence held;
• statements that children are prohibited from participating in relevant gambling activities and that the activity is a gambling activity; and
• warning of the risk of excessive or compulsive gambling, where information can be found on these risks and what support services are available.

The GRAI also has the discretion to introduce further regulations (i) prohibiting the inclusion of certain matters in advertisements; (ii) prescribing the times, places and events at which advertisements may be shown; and (iii) the frequency and duration of advertisements.

Sponsorships and branded merchandise (sections 151 and 159)

Section 159 of the Act provides that licensees are not permitted to sponsor any events which are aimed at children, or any events where the majority of attendees or participants are children, or any organisations, clubs or teams with child members (or any premises used by these organisations), or any public activities appealing to children. The final limb of the prohibition (i.e. any public activities appealing to children) is quite broad and therefore, it will be interesting to see if the GRAI publish guidance on this point. It is also worth noting that the definition of “sponsor” for the purposes of section 159 is quite wide and is defined as “making any form of public or private contribution towards an event or organisation with the aim, or direct or indirect effect, of promoting a gambling activity”.

The Act also introduces a prohibition on the manufacture, import, sale or supply of any clothing or merchandise which advertises a gambling activity or which bears the name, trademark, emblem, logo etc. of a licensee which is intended to be worn by a child. The Act includes a 12-month grace period on this prohibition on the sale or supply of clothing or mechanise.

It is also important to note that the prohibitions on sponsorships and branded merchandise carry criminal penalties with terms of imprisonment of up to five years. Interestingly, the sponsorship provisions apply to licensees whereas the prohibition on the sale of branded clothing and merchandise applies to the public at large, which means that retailers could be prosecuted for breaches of the section.

What’s next?

Ireland’s advertising restrictions imposed under the Act will undoubtedly have a significant impact on gambling operators in the Irish market. The overall impact of the new laws remains to be seen, however, significant concerns have been raised in recent months as to the impact that the advertising restrictions will have on the horse racing industry in Ireland, with the viability of dedicated racing channels being called into question. It is worth questioning the rationale of imposing these restrictions on subscription channels which solely broadcast horse-racing, so this may be something that the legislature looks at in the future, however for now no such exemptions have been considered.

One hopes that the GRAI will take a fluid approach to the restrictions on gambling which are to be introduced in the new regime – this is especially the case when one considers some of the recent studies which show that increased regulation throughout Europe has driven players to black market operators. It is important to remember that it is the regulated operators who are complying with the legislation who are best placed to identify and assist with tackling problem gambling and this equally needs to be taken into account in terms of how best to protect the public.

Alan Heuston is a Partner at McCann FitzGerald LLP, Ian Hanrahan is an associate at McCann Fitzgerald LLP

[1] An on-demand media service is defined as “an audiovisual media service provided for the viewing of programmes at the moment chosen by the user and at the user’s request on the basis of a catalogue of programmes selected by the provider of the service”

[2] An on- demand sound service is defined as a service where “(a) the principal purpose of the service, or of a dissociable section of the service, is to provide sound programmes or sound recordings by electronic communications networks to the general public in order to inform, entertain or educate, and (b) that service is under the editorial responsibility of the provider of that service”

[3] A social media service is defined as “a website or software application … that permits a person who is a registered user of the service, has an account with the service or who creates a profile with the service to do any or all of the following— (a) create, share and view user-generated content on the website or application, (b) generate content on the website or software application that can be viewed by other users of the service, or (c) communicate with other users of the service”

[4] A video sharing platform service is defined by reference to the Irish Broadcasting Act 2009 as “a service, where— (a) the principal purpose of the service is devoted to, (b) the principal purpose of a dissociable section of the service is devoted to, or (c) an essential functionality of the service is devoted to, providing audiovisual programmes or user-generated videos, or both, by electronic communications networks, to the general public, in order to inform, entertain or educate”

[5] A broadcaster is defined by reference to the Irish Broadcasting Act 2009 as “a person who supplies a compilation of programme material for the purpose of its being transmitted, relayed or distributed as a broadcasting service (whether that person transmits, relays or distributes that material as such a service or not)”. A broadcasting service is defined as “a service which comprises a compilation of programme material of any description and which is transmitted, relayed or distributed by means of an electronic communications network, directly or indirectly for simultaneous or near-simultaneous reception by the general public, whether that material is actually received or not, and where the programmes are provided in a pre-scheduled and linear order, but does not include … (a) a service provided in a non-linear manner where each user of the service chooses a programme from a catalogue of programmes, or (b) any other service which is provided by way of the internet, if the service does not provide audiovisual programmes”