The National Gaming Authority Asks Winamax to Withdraw Its Advertising “Tout pour la daronne”

March 20, 2022 | Government

PARIS, France (March 17, 2022) — Meeting in session on March 17, the members of the National Gaming Authority decided to order the sports betting operator Winamax to withdraw its advertising “Tout pour la daronne” within one month. Indeed, they consider that this advertisement conveys the message that sports betting can contribute to social success, which is prohibited by the decree of November 4, 2020 governing the content of commercial communications for gambling, such as interpreted by the ANJ by its guidelines on commercial communications adopted on February 17.

Reminder of the legal framework applicable to the content of advertisements for gambling

 In France, gambling is not considered an ordinary service because it carries significant risks of abuse (over-indebtedness) or public health (addiction and isolation) for the player and his entourage. This is why it is only authorized by way of derogation and is subject to strict supervision in order to prevent these risks. Gambling advertising aims to allow operators to make their offer known to the public, so that it can be distinguished from that (prohibited) of illegal operators.

On February 23, 2022, the ANJ published guidelines to clarify its interpretation of the rules governing the content of commercial communications for gambling, which appear in particular in Articles D. 320-9 and D. 320 -10 of the internal security code, in their wording resulting from the decree of November 4, 2020.

Article D. 320-9, 2°, of this code specifies that “any commercial communication in favor of a gambling operator is prohibited when it suggests that gambling contributes to social success”. In its guidelines, the ANJ specifies its interpretation of these provisions and considers that:

  • Commercial communications must not associate the practice of gambling with the possibility of changing social status, having extraordinary experiences or accessing services usually considered as reserved for very wealthy people, for example a private jet trip or a luxury yacht cruise;
  • Hyperbolic advertisements are permitted provided they do not have the effect, through the use of emphasis, parody or grossly exaggerated staging, of circumventing or infringing the provisions of Article D 320-9 of the Homeland Security Code.

The request to withdraw the Winamax “Tout pour la Daronne” advertisement

 Following the publication of the guidelines, which was preceded by several exchanges with gambling operators, the ANJ is currently carrying out a review of certain commercial communications to assess their compliance with these guidelines.

It emerges from this analysis that the Winamax film “Tout pour la Daronne” conveys the message that sports betting can contribute to social success, understood as upward social mobility or a change in social status, in this case that of mother and her son thanks to the gain he drew from a winning sports bet.

This is the reason why the ANJ college instructs the Winamax company to withdraw its commercial communication entitled “Tout pour la Daronne” from all distribution media, within one month of notification of the decision.

This is the first time that the ANJ has exercised this power to withdraw commercial communication.

Go to decision

SOOURCE: Autorité Nationale des Jeux (National Gaming Authority).

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