James Browne (Wexford, Fianna Fail)
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The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being. The Gambling Regulation Bill 2022 will cover gambling online and in person, and include powers to regulate advertising, gambling websites and apps.

The Bill was published and completed Second Stage in the Dáil in early December 2022 and my Department is currently preparing amendments to the Bill for Committee Stage, which is expected to take place before the summer recess.

The Bill sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.

A key focus of the Bill is to protect children and vulnerable people from the harms associated with gambling. The Bill includes restrictions on gambling advertising and on sponsorship by gambling service providers.

In May 2022, the Joint Oireachtas Committee on Justice published its report of its pre legislative scrutiny of the General Scheme of the Bill and recommended the introduction of a pre-watershed ban on all forms of gambling advertising without exception. Consistent with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5:30am and 9:00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.

In addition to the watershed provisions, the Bill provides for a wide-ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the volume / amount of advertisements that can be shown. This power will allow the Authority to address the issue of gambling advertising on social media, online and on traditional media such as on television, radio, in publications and outdoor advertising such as billboards, etc.

Furthermore, the Bill prohibits persons from advertising, or causing another person to advertise, a relevant gambling activity on an on-demand audio-visual media service or by any other means of electronic communication (including on a video-sharing platform, a social media website, by telephone, text message or email) to another person, unless that person has consented to such advertising.