|
|
|
Advertising by licensee by means of electronic communication
|
| |
147. (1) Subject to this section, a licensee shall not advertise relevant content, or cause a person to advertise relevant content on the licensee’s behalf, by electronic communication to another person (in this section referred to as the “intended recipient”) unless—
|
|
| |
(a) the intended recipient has given consent to receiving advertising from the licensee concerned by means of that electronic communication,
|
|
| |
(b) the service provides an easily accessible mechanism to enable the recipient to stop receiving such advertising from the licensee concerned, and
|
|
| |
(c) the licensee complies with any applicable regulations.
|
|
| |
(2) A licensee shall not be taken to have contravened subsection (1) where, notwithstanding that paragraph (a) or (b) of that subsection does not apply, as part of the content shown to an intended recipient by an electronic communication—
|
|
| |
(a) a logo, trademark, emblem or marketing image of the licensee displayed at a sporting event is visible, or
|
|
| |
(b) details of the sponsorship by the licensee of a sporting event is visible or audible.
|
|
| |
(3) Subsection (1) shall not apply to the advertising of relevant content by electronic communication by a licensee of a gambling licence for a charitable or philanthropic purpose provided that the advertising by that licensee does not include—
|
|
| |
(a) the name or trading name, or part of the name or trading name, of a licensee of a Business to Consumer gambling licence or a Business to Business gambling licensee, or
|
|
| |
(b) the logo, trademark, emblem or marketing image of such a licensee.
|
|
| |
(4) In this section, “electronic communication” means any electronic communication (including by telephone, text message or e-mail) other than an audiovisual on-demand media service, an on-demand sound service, a social media service, a video-sharing platform service or a broadcasting service.
|
