INDUSTRIES, ADVERTISING | Italy’s gambling advertising ban under scrutiny

Article 9 of Law Decree No. 87 of 12 July 2018 (Dignity Decree) currently imposes a general prohibition on all forms of advertising, including indirect advertising, concerning gambling and betting with cash prizes. This legislative framework may be subject to revision following a resolution adopted by the Senate on 5 March 2025, which invites the Government to consider amending the aforementioned provision, citing its limited effectiveness in addressing gambling addiction and the resulting competitive disadvantage faced by Italian football clubs vis-à-vis clubs in other EU jurisdictions. In parallel, the Italian Council of State, by Order No. 1919 of 7 March 2025, has submitted a preliminary reference to the EU Court of Justice (ECJ) in proceedings initiated by Leovegas Gaming Plc against a sanction imposed by the Italian Communications Authority (AGCom) for breach of the ban on gambling advertising. The referring court seeks clarification on, inter alia, the applicability of Directive (EU) 2015/1535 of 9 September 2015 to audiovisual media services, the classification of the gambling advertising ban as a “technical regulation” subject to the prior notification requirement under Article 5 of the Directive, and the legal consequences of a failure to notify. The recent ECJ judgment of 13 March 2025 issued in case C‑120/24 involving the Lithuanian gambling regulator suggests a high likelihood that the Court will find the Italian gambling advertising ban unenforceable due to the absence of notification at the time of its adoption. If confirmed, this would undermine the validity of Article 9 of the Dignity Decree vis-à-vis economic operators.

Newsletter n. 106 – April 2025