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This would grant the regulator enhanced powers to proactively enforce rules and restrict problematic advertising channels effectively.
Gambling ads are currently monitored by ASA under the CAP 16.1 code. Just this week, Midnite received its third ASA ruling. The operator was told to remove a TikTok advertisement that featured a young-looking character.
The report singled out several marketing tactics which had been flagged as particuarly concerning.
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The proposal establishes criteria for classifying products according to their potential for harm. Among the characteristics considered are instantaneous or short-lived results, continuous repetition at short intervals, use of random mechanisms to determine the outcome, intermittent rewards, near-miss incentives, incentives to recover losses and features that make it difficult to stop betting or induce successive, impulsive, or increasingly valuable bets.
Products offered to the public must undergo prior evaluation by a competent body of the Federal Executive Branch, to be defined in regulations. Products classified as high-risk will be subject to specific harm reduction measures. Products with excessive risk may not be offered. This category includes products with outcomes determined by random mechanisms, continuous cycles and variable rewards, such as roulette, slot machines, collision games and simulated virtual sports.
Furthermore, the text maintains obligations for monitoring and institutional cooperation, with the provision of aggregated and anonymised data to the competent authorities. It also provides for actions by the executive branch aimed at monitoring the impacts of betting, training health professionals, updating care protocols and periodically disseminating information on the effects of the activity.
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“Our role as a regulator is not to stand in the way of innovation, but to help create the certainty and confidence needed for innovation to flourish responsibly,” Mizzi said.
The charter does not create new regulatory obligations and was designed to complement legislation including the EU AI Act and GDPR.
Instead, it proposed a risk-based approach. It suggested lighter controls on use cases such as coding assistants, but strong checks on customer-facing functions, particularly those involving fraud and responsible gambling.