Draft Royal Decree laying down the terms and conditions relating to advertising for gambling PHILIPPE, King of the Belgians, To all present and those to come, Greetings. Having regard to the law of 7 May 1999 on gambling, betting, gambling establishments and the protection of players, Article 61(2), inserted by the law of 7 May 2019; Having regard to the Royal Decree of 25 October 2018 on the terms for gambling and betting using information society instruments; Having regard to the opinion of the Gambling Commission, issued on 5 April 2022; Having regard to the opinion of the Inspector of Finance, dated 28 April 2022; Having regard to the agreement of the State Secretary for the Budget, given on 4 May 2022; Having regard to the communication to the European Commission, dated , pursuant to Article 5(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services; [Having regard to the European Commission’s observation following the communication......... of...............;] Having regard to the opinion … of the Council of State issued on …, pursuant to Article 84, §1(1), point 2, of the laws on the Council of State, consolidated on 12 January 1973; On the proposal of the Minister of Economy, the Minister of Finance, the Minister of Public Health, the Minister of Justice, the Minister for Home Affairs and the Secretary of State for the State Lottery, We have decreed and hereby decree: Chapter 1. – Scope and definitions Article 1. Subject to the Royal Decree of 22 December 2010 laying down the conditions for betting outside class IV gambling establishments, this Decree applies to holders of class A, A+, B, B+, F1, F1+, F2 and E licences for gambling. Only the license-holders referred to in subparagraph 1 may advertise under the conditions set out in this decree. Article 2. Only the forms of advertising referred to in chapter 2 are permitted. Article 3. For the application of this Decree, the following mean: 1. "Gaming Act": the law of 7 May 1999 on gambling, betting, gambling establishments and protection of players; 2. “gambling”: gambling referred to in Article 2(1) of the Gaming Act; 3. "advertising”: any form of communication or action, other than that referred to in the second paragraph of Article 60(2) of the Gaming Act, which is aimed directly or indirectly at promoting gambling or at gaining reputation, irrespective of the place, the means of communication applied or the techniques used. For the purposes of this Decree, the affixing of the brand or logo, or both, shall be treated as advertising; 4. “sponsorship”: supporting professional sports clubs and sporting events by providing them with financial resources or other forms of support in order to gain more visibility, without the brand or logo of the license-holder referred to in Article 1 being used in the name of the sports club or sporting event. For the purposes of this Decree, sponsorship shall be treated as advertising; 5. “brand”: the combination of a maximum of three words allowing to distinguish the licence-holders referred to in Article 1; 6. “logo”: figurative or semi-figurative element allowing to distinguish the licence-holders referred to in Article 1. Chapter 2. – Forms of authorised advertising Article 4. The license-holders referred to in Article 1 may advertise, for themselves and for the gambling services they offer, provided that it is intended exclusively for persons working in the gambling sector. Article 5. Incidental advertising in connection with the reporting of sports competitions and events is authorised for license-holders referred to in Article 1. Article 6. § 1. License-holders referred to in Article 1 may advertise for themselves by means of their brand or logo, or both: 1. on sports clothing of players or sports teams of professional clubs; 2. at the place where professional sport is played. The advertising for gambling referred to in subparagraph 1(2), shall apply to all relevant license-holders and shall not exceed 20% of the total area of all advertisements, and shall not exceed 70 m². § 2. License-holders referred to in Article 1 may broadcast sponsorship messages using their brand or logo, or both for the following events: 1. international and European sports tournaments; 2. Belgian sports tournaments. Any distribution of a sponsorship message must meet the following conditions: 1. the duration of the sponsorship messages shall not exceed 5 seconds; 2. the number of sponsorship messages per hour is not more than two; 3. the sponsorship message shall be broadcast during the period of fifteen minutes preceding the beginning and the period of fifteen minutes following the live reporting of sports competitions, that is, during the period from the actual beginning of the sports competition in question broadcast live up to the actual end of that sports competition. Article 7. Without prejudice to the applicable regional and municipal provisions, holders of licenses A, B, F1, and F2 may advertise by means of their brand or logo, or both, on the façade of their gambling establishment. If the gambling establishment has more than one façade, advertising is limited to only one façade. The installed advertising may occupy a maximum of 30% of the total surface area of the façade and may not exceed 20 m². Article 8. Holders of licenses A, B, F1 and F2 may advertise for themselves within their gambling establishment and only for the gambling products they offer within their gambling establishment. Article 9. The license-holders referred to in Article 1 may advertise by placing a product in television programmes recorded abroad, unless these programmes are specifically intended for the Belgian market. Product placement covers any form of audio-visual commercial communication consisting of including or referring to a product, service, or brand, by including it into a programme or content created by the user for payment or other consideration. Article 10. The license-holders referred to in Article 1 may advertise for themselves by means of their brand or logo, or both, through the use of information society instruments only through an advertising programme through which the license-holder may advertise on a search results page, following the introduction of search terms related to gambling, and in which advertising can be considered as a search result because the advertisement is placed at the top of the page against payment. Article 11. License-holders referred to in Article 1 may advertise for themselves or for the gambling products they offer on their own website and provided that: 1. interaction is not allowed; 2. any compensation to a third party for advertising is not allowed; 3. the duration of advertising using moving images does not exceed 5 seconds. Article 12. License-holders referred to in Article 1 may advertise gambling products that they offer only on accounts they hold on online content sharing platforms, and provided that: 1. interaction is not allowed; 2. any compensation to a third party for advertising is not allowed; 3. the duration of advertising using moving images does not exceed 5 seconds. Chapter 3. – General provisions on authorised advertising Article 13. Advertising is limited to gambling permitted by the Gaming Act. Article 14. In compliance with the conditions referred to in Chapter 2, a license-holder referred to in Article 1 may advertise for himself or for gambling offered by him or both. Article 15. Advertising cannot be directed specifically to socially vulnerable groups. Socially vulnerable groups include persons who do not meet the minimum age requirements and all other persons covered by Article 54 of the Gaming Act, as well as persons who exhibit the characteristics of risky gambling behaviour. Article 16. Advertising cannot be customised. Article 17. With the exception of logos already existing at the time of publication of this Decree, advertising may not represent natural persons or fictional characters. Advertising cannot use the voice of famous natural persons or famous fictional characters. Article 18. Advertising to promote gambling operated by the license-holders referred to in Article 1 shall be permitted only if its content: 1. does not contain any unsubstantiated statement on the winnings that players can expect to take away; 2. does not encourage irresponsible and abusive play; 3. does not suggest that the fact of winning depends on the knowledge of the game or the player’s skills; 4. does not praise persons who play or criticise those who do not play; 5. does not put pressure on a person if he/she does not wish to participate in the game; 6. does not suggest that the game constitutes an alternative to work and savings, a way of getting richer quickly or a solution to financial problems; 7. does not establish a link between gambling and social, financial and sexual success; 8. does not stage situations in which persons gamble or bet and, at the same time, consume alcoholic products or tobacco; 9. does not promote or associate itself with advertisements offering loans that can be obtained for the purpose of playing; 10. does not use drawings or marketing techniques referring to popular or fashionable characters, images or expressions related to the persons referred to in Article 15. Article 19. Advertising in favour of gambling operated by the license-holders referred to in Article 1 shall include an indication of the minimum age required to participate in such gambling. The Minister of Justice, after consulting the Superior Health Council, determines the terms with which this indication of age must comply. Article 20. Regardless of the medium used, each advertisement for gambling contains a prevention message. The Minister of Justice, after consulting the Superior Health Council, determines the terms with which this prevention message must comply. Chapter 4 – Penal provisions Article 21. The licence-holder referred to in Article 1 shall be liable for non-compliance with the provisions of this Decree. In addition to the license-holder referred to in Article 1, the person responsible for the content, the owner or the manager of the medium of broadcast, the person in charge of the place of destination and any other third party that fails to comply with the provisions of this Decree may also be held liable. Chapter 5. - Repealing provisions Article 22. Article 6(1) and § 2(2) of this decree is repealed from 1st January 2025. Article 23. Articles 1 to 5 and Articles 7 to 11 of the Royal Decree of 28 October 2018 on the terms for gambling and betting using information society instruments are repealed. Chapter 6. - Transitional provision Article 24. Advertising contracts concluded before 10 May 2022 between the license-holders referred to in Article 1 and advertising agencies shall remain valid under the same conditions until 1st October 2023 provided that such license-holders comply with Articles 13 to 20 of this decree. Article 25. In the absence of a determination by the Minister of Justice, at the time of entry into force of this Decree, of the terms with which the age indication and the prevention message referred to in Articles 19 and 20 must comply, the size of the letters of the age indication and the prevention message shall be at least 4% of the size of the advertising space and shall have a minimum value of 7 points but not less than one quarter of the size of the largest characters used in advertising. Chapter 7. - Final provision Article 26. The Minister of Economy, the Minister of Finance, the Minister of Public Health , the Minister of Justice , the Minister for Home Affairs, shall be responsible, each with regard to himself/herself, for the execution of this Decree.
27 FEBRUARY 2023. - Royal Decree laying down the terms and conditions relating to advertising for gambling

PHILIPPE, King of the Belgians,

To all present and those to come, Greetings.

Having regard to the law of 7 May 1999 on gambling, betting, gambling establishments and the protection of players, Article 61(2), inserted by the law of 7 May 2019;
Having regard to the Royal Decree of 25 October 2018 on the terms for gambling and betting using information society instruments;
Having regard to the opinion of the Gambling Commission, issued on 5 April 2022;

Having regard to the opinion of the Inspector of Finance, dated 28 April 2022;
Having regard to the agreement of the State Secretary for the Budget, given on 4 May 2022;
Having regard to the communication to the European Commission 2022/0332/B, dated 8 May 2022, pursuant to Article 5(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services;
Having regard to Opinion No 72.190/4 of the Council of State issued on 12 October 2022 and to Opinion No 72.838/4 of the Council of State issued on 6 February 2023, pursuant to Article 84, §1(1), point 2, of the laws on the Council of State, consolidated on 12 January 1973;
On the proposal of the Minister of Economy, the Minister of Finance, who is responsible for the National Lottery, the Minister of Public Health, the Minister of Justice, and the Minister for Home Affairs,
I have decreed and hereby decree:
CHAPTER 1. – Scope and definitions
Article 1. Subject to the Royal Decree of 22 December 2010 laying down the conditions for betting outside class IV gambling establishments, this Decree applies to holders of class A, A+, B, B+, F1, F1+, F1P, F2, and E licences for gambling.
Only the license-holders referred to in subparagraph 1 may advertise under the conditions set out in this decree.
Article 2. Only the forms of advertising referred to in chapter 2 are permitted.
Article 3. For the application of this Decree, the following mean:
1. “Gaming Act”: the law of 7 May 1999 on gambling, betting, gambling establishments and protection of players;
2. “gambling”: gambling referred to in Article 2(1) of the Gaming Act;
3. “advertising”: any form of communication or action, other than that referred to in the second paragraph of Article 60(2) of the Gaming Act, which is aimed

directly or indirectly at promoting gambling or encouraging gambling, irrespective of the place, the means of communication applied or the techniques used. For the purposes of this Decree, the affixing of the brand or logo, or both, shall be treated as advertising;
4. “sports sponsorship”: supporting sports associations and sporting events by providing them with financial resources or other forms of support in order to gain more visibility, without the brand or logo of the license-holder referred to in Article 1 being used in the name of the sports association or sporting event. For the purposes of this Decree, sports sponsorship shall be treated as advertising;
5. “professional sports association”: a sports association where sport is practised professionally and athletes participate in the Olympic Games, Paralympic Games, World Games, World Championships, European or Belgian Championships or the highest divisions of the national competition organised by or under the supervision of a recognised sports federation;
6. “non-professional sports association”: any sports association that does not meet the definition referred to in point 5;
7. “brand”: the combination of a maximum of three words allowing to distinguish the licence-holders referred to in Article 1;
8. “logo”: figurative or semi-figurative element allowing to distinguish the licence-holders referred to in Article 1.
Chapter 2. – Forms of authorised advertising
Article 4. The license-holders referred to in Article 1 may advertise, for themselves and for the gambling services they offer, provided that it is intended exclusively for persons working in the gambling sector.
Article 5. Incidental advertising in connection with the reporting of sports competitions and events is authorised.
Article 6. § 1. Sports sponsorship for license-holders referred to in Article 1 is permitted for:
(1) non-professional sports associations;
(2) professional sports associations.
§ 2. Sports sponsorship is permitted only by affixing the brand or logo, or both, on:
1. sports clothing of players, other than players who are minors, or sports teams;
2. at the place where sport is played.
The advertising referred to in subparagraph 1(1) shall apply to all relevant license-holders and shall not take up more than 50cm2 of the total area of the players’ sports clothing, and shall not be affixed on the front side of sports clothing.
§ 3. License-holders referred to in Article 1 may broadcast sports sponsorship messages using their brand or logo, or both for the following events:
1. international and European sporting competitions;
2. Belgian sporting competitions.
Any distribution of a sports sponsorship message must meet the following conditions:
1. the duration of the sports sponsorship messages shall not exceed 5 seconds;
2. the number of sports sponsorship messages per hour is not more than two;

3. the sports sponsorship message shall be broadcast during the period of fifteen minutes preceding the beginning and the period of fifteen minutes following the live reporting of the sports competition, that is, during the period from the actual beginning of the sports competition in question broadcast live up to the actual end of that sports competition.
Article 7. Without prejudice to the applicable regional and municipal provisions, holders of licenses A, B, F1, F1P and F2 may advertise by means of their brand or logo, or both, on the façades of their gambling establishment. The installed advertising may occupy a maximum of 30% of the total surface area of the façades and may not exceed 20 m2.
Only the licence-holders referred to in Article 1 may use their brand or logo or both, and this only for commercial establishments primarily engaged in operating games of chance.
Article 8. Holders of licenses A, B, F1 and F2 may advertise for themselves within their gambling establishment and only for the gambling products they offer within their gambling establishment.
Article 9. The license-holders referred to in Article 1 may carry out advertising by product placement in television or radio programmes or in other audiovisual media recorded abroad, unless they are specifically intended for the Belgian market. Product placement covers any form of audio-visual commercial communication consisting of including or referring to a product, service, or brand, by including it into a programme or content generated by the user for payment or other consideration.
Article 10. The license-holders referred to in Article 1 may advertise for themselves by means of their brand or logo, or both, through the use of information society instruments only through an advertising programme through which the license-holder may advertise on a search results page, following the introduction of search terms related to gambling, and in which advertising can be considered as a search result because the advertisement is placed at the top of the page against payment.
Article 11. License-holders referred to in Article 1 may advertise for themselves and for the gambling products they offer on their own website and provided that:
1. interaction is not allowed in the context of this advertising;
2. any compensation to a third party for advertising is not allowed;
3. the duration of advertising using moving images does not exceed 5 seconds.
Article 12. License-holders referred to in Article 1 may advertise gambling products that they offer only on accounts they hold on online content sharing platforms, and provided that:
1. interaction is not allowed in the context of this advertising;
2. any compensation to a third party for advertising is not allowed;
3. the duration of advertising using moving images does not exceed 5 seconds.
Chapter 3. – General provisions on authorised advertising
Article 13. Advertising is limited to gambling permitted by the Gaming Act.
Article 14. In compliance with the conditions referred to in Chapter 2, a license-

holder referred to in Article 1 may advertise for himself or for gambling offered by him or both.
Article 15. Advertising cannot be directed specifically to socially vulnerable groups. Socially vulnerable groups include persons who do not meet the minimum age requirements and all other persons covered by Article 54 of the Gaming Act, as well as persons who exhibit the characteristics of risky gambling behaviour.
Article 16. Advertising cannot be customised.
Article 17. Advertising may not represent natural persons or fictional characters.
Advertising cannot use the voice of famous natural persons or famous fictional characters.
Article 18. Advertising to promote gambling operated by the license-holders referred to in Article 1 shall be permitted only if its content:
1. does not contain any unsubstantiated statement on the winnings that players can expect to take away;
2. does not encourage irresponsible and abusive play;
3. does not suggest that the fact of winning depends on the knowledge of the game or the player’s skills;
4. does not praise persons who play or criticise those who do not play;
5. does not put pressure on a person if he/she does not wish to participate in the game;
6. does not suggest that the game constitutes an alternative to work and savings, a way of getting richer quickly or a solution to financial problems;
7. does not establish a link between gambling and social, financial and sexual success;
8. does not stage situations in which persons who gamble or bet at the same time consume alcoholic products or tobacco;
9. does not promote or associate itself with advertisements offering loans that can be obtained for the purpose of playing;
10. does not use drawings or marketing techniques referring to popular or fashionable characters, images or expressions related to the persons referred to in Article 15.
Article 19. Advertising in favour of gambling operated by the license-holders referred to in Article 1 shall include an indication of the minimum age required to participate in such gambling. The Minister of Justice and the Minister of Public Health, after consulting the Superior Health Council, shall determine the terms with which this indication of age must comply.
Article 20. Regardless of the medium used, each advertisement for gambling contains a prevention message. The Minister of Justice and the Minister of Public Health, after consulting the Superior Health Council, shall determine the terms with which this prevention message must comply.
CHAPTER 4. - Temporary provision
Article 21. The advertising referred to in Article 6, § 2, subparagraph 1, 1°, applies to all licensees concerned and may not occupy more than 75 cm 2 of the total surface area of the players’ sportswear and may not be affixed to the front of

sportswear.
Paragraph 1 is in force from 1st January 2025 until 31 December 2027.
Chapter 5. - Repealing provisions
Article 22. Article 6, § 2(1)(2) and § 3(2) of this Decree is repealed from 1st January 2025.
Article 23. Article 6, § 1(2), of this Decree is repealed from 1st January 2028.
Chapter 6. - Transitional provisions
Article 24. Advertising contracts which, on the date of publication of this Decree in the Moniteur belge, were concluded before 9 May 2022 between the license-holders referred to in Article 1 and advertising agencies shall remain valid under the same conditions until 31 December 2024 provided that such license-holders comply with Articles 13 to 16 and 18 to 20 of this Decree.
For logos already existing at the time of publication of this Order, Article 17 shall enter into force on 1st January 2025.
Article 25. In the absence of a determination by the Minister of Justice and the Minister of Public Health, at the time of entry into force of this Decree, of the terms with which the age indication and the prevention message referred to in Articles 19 and 20 must comply, the size of the letters of the age indication and the prevention message shall be at least 4% of the size of the advertising space and shall have a minimum value of 7 points but not less than one quarter of the size of the largest characters used in advertising.
In the absence of a determination by the Minister of Justice and the Minister of Public Health, the prevention message referred to in Article 20 shall contain the following message: ‘ Gambling can be addictive. Stop in time!
More information on www.arretezvousatemps.be’.
Chapter 7. - Entry into force and final provision
Article 26. This Decree shall enter into force on 1st July 2023, with the exception of Article 6, § 2(2), which enters into force on 1st January 2028.
Article 27. The Minister of Economy, the Minister of Finance responsible for the National Lottery, the Minister of Public Health, the Minister of Justice and the Minister for Home Affairs, shall be responsible, each insofar as they are concerned, for the execution of this Decree.
Made at Brussels, on 27 February 2023.
PHILIPPE
By the King:
For the Minister of Economy, absent:
The Minister of Pensions,
K. LALIEUX
The Minister of Finance responsible for the National Lottery,
V. VAN PETEGHEM
The Minister of Public Health,
F. VANDENBROUCKE
The Minister of Justice,
V. VAN QUICKENBORNE

The Minister for Home Affairs,
A. VERLINDEN

beginning Published on: 08-03-2023
Numac: 2023030509