Commentary on Sections Section 4: Advertising of gambling by way of remote communication
29.Section 4 amends section 333 of the 2005 Act. Section 333 sets out the territorial application of the advertising provisions in the case of advertising which is done by remote communication (called ‘remote advertising’ in the 2005 Act).
30.Section 3(2) repeals section 333(2)(b) which relates to advertising broadcast by television. Currently television broadcasters established in another EEA state can advertise gambling in the United Kingdom that they would otherwise be prohibited from doing by section 330 of the 2005 Act. The amendment changes this, and ensures that television advertising is subject to the same rules regardless of where the broadcaster is based.
31.Section 3(3) amends section 333(9)(b). Section 333(9)(b) limits the extent of the offence of advertising unlawful gambling, in the case of remote gambling, to operators who have at least one piece of equipment in Great Britain, i.e. those operators who currently require a remote operating licence from the Gambling Commission. Section 3(3) extends the offence to operators whose remote gambling facilities are capable of being used in Great Britain, to bring it in line with the point of consumption licensing requirement being enacted by this Act. The effect is that a remote gambling operator will commit an offence under section 330 if their remote gambling facilities are capable of being used in Great Britain and a remote operating licence is required for the gambling to taken place as advertised, but the operator does not have a licence.
32.The amendment of section 333(9)(b) will also extend to any regulations made under section 328 in relation to remote advertising.