Gambling Regulation Act 2024

PART 6

Obligations on Licensees and other Persons

Chapter 1

Obligations on licensees and other persons: advertising, branded clothing and engagement of children in providing relevant gambling activity

Interpretation (Chapter 1Part 6)

141. In this Chapter—

“Act of 2009” means the Broadcasting Act 2009 ;

“applicable regulations”, in relation to advertising, means regulations made under section 144 ;

“audiovisual on-demand media service” has the same meaning as it has in section 2 of the Act of 2009;

“broadcaster” has the same meaning as it has in the Act of 2009;

“broadcasting service” has the same meaning as it has in the Act of 2009;

“editorial responsibility” means, in relation to an on-demand sound service, effective control over—

(a) the selection of sound programmes or sound recordings, or both, as the case may be, and

(b) the organisation of those programmes or recordings, or both, as the case may be, in a programme schedule or a catalogue which lists programmes or recordings that are available;

“electronic communications network” has the same meaning as it has in section 2 (1) of the Communications Regulation Act 2002 ;

“on-demand sound service” means a service (within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union) where—

(a) the principal purpose of the service, or of a dissociable section of the service, is to provide sound programmes or sound recordings by electronic communications networks to the general public in order to inform, entertain or educate, and

(b) that service is under the editorial responsibility of the provider of that service;

“relevant content” means, in relation to advertising—

(a) a relevant gambling activity, or

(b) in the case of a Business to Consumer gambling licence, the licensee of that gambling licence;

“social media service” means a website or software application (commonly known and in this Chapter referred to as an “app”) that permits a person who is a registered user of the service, has an account with the service or who creates a profile with the service to do any or all of the following—

(a) create, share and view user-generated content on the website or application,

(b) generate content on the website or software application that can be viewed by other users of the service, or

(c) communicate with other users of the service;

“video-sharing platform service” has the same meaning as it has in section 2(2) and (3) of the Act of 2009.