Legislation

Regulatory Framework

The regulatory framework governing the legal gaming sector in Italy is highly complex, largely due to the absence of a single, unified law that consolidates the numerous regulations adopted over time. The sector is governed by a variety of legislative provisions and decrees issued by the Director of the Customs and Monopolies Agency (ADM).

Numerous legislative interventions have been aimed at two key objectives: on one hand, to combat illegal gambling, and on the other, to generate additional revenue to cover public finance measures.

The organization and operation of gambling and betting activities are classified as economic services and are reserved, by law, for the state (Legislative Decree No. 496 of April 14, 1948, Article 1). However, this does not necessarily imply that the state directly and exclusively manages the games. The scope includes all games of chance that involve the possibility of cash winnings, as per Article 110, paragraph 6, of the Consolidated Law on Public Security (TULPS).

Moreover, the regulation of games that involve an element of chance and distribute winnings is linked to matters of public order and security (Article 117, second paragraph, letter h)) and criminal law (Article 117, second paragraph, letter l)) of the Italian Constitution, and therefore falls under the exclusive competence of the state.

This state authority is based on the need to protect public order and safety, combat organized crime, prevent fraud, and safeguard minors and vulnerable individuals from uncontrolled and indiscriminate gambling.

Despite the state’s recognized competence, local authorities are heavily involved in the management of the sector. This is because health protection (with problem gambling included in the essential levels of care) and land governance are matters of concurrent legislation between the state and the regions (Article 117, third paragraph).

As a result, the regulatory landscape has shifted from a centralized and unified discipline for the operation of gambling activities to a system increasingly influenced by local regulations. Regions and municipalities have introduced measures to limit the locations and operating hours of gambling points of sale, leading to a fragmented set of rules.

The overlap and heterogeneity of these local regulations not only limit the management of state concessions but also pose obstacles to new tenders. This fragmented regulatory environment complicates the creation of consistent criteria for managing and planning gambling activities, as well as the design of a coherent territorial network of physical gaming points.

Indeed, the last tender for sports and horse betting dates back to 2012, and this is compounded by the natural expiration of the amusement machine concession (ADI) in March 2022 and the remote gaming concession in December 2022.

In the absence of a comprehensive reorganization of the gaming sector, the legislator has been forced, for almost 10 years, to resort to extensions necessary for the continuation of public service management. Most recently, the 2025 Budget Law established an extension regime for all types of multi-concession games until December 31, 2026.

It is worth noting that the legislator and political authorities have shown a significant balance by not opting for a further tax increase but rather utilizing the concession extension mechanism to generate financial resources from the sector.

While this approach has ensured the continuation of operations and tax revenues, it has also led to several issues, including:

  • Lack of long-term planning
  • Continued regulatory uncertainty
  • Inability of the sector to keep pace with technological advancements
  • Uncertainty for potential investors, including international ones
  • A diminished perception of credibility regarding the gaming industry.

Finally, Article 15 of Law No. 111 of August 9, 2023 (Delegation to the Government for Fiscal Reform) grants the government the authority to systematically reorganize the regulatory framework for public gaming through one or more legislative decrees. This reform will cover both physical and remote gaming.

As of now, the government has definitively approved only the first reorganization decree on remote gaming (Legislative Decree No. 41 of March 25, 2024), aimed at creating a national regulatory framework for the public gaming sector, particularly focusing on online games. This decree excludes physical gaming venues and casinos, which remain subject to the current regulations.

Gaming and Advertising: The Legislation

The first legislative action regarding advertising in gaming in Italy was introduced with Decree Law No. 158 of 2012 (converted into Law No. 189 of 2012), known as the Balduzzi Decree (Article 7). This decree specifically introduced a ban on advertising messages for games with cash prizes during television and radio broadcasts, as well as during theatrical or cinematic performances not restricted to minors. It also prohibited the advertising of such games in newspapers, magazines, publications, and online platforms if the advertisements encourage gambling or glorify its practice, feature minors, or fail to warn of the risks of gambling addiction. Furthermore, advertisements must clearly display the probability of winning for each game.

In general, all advertising for games with cash prizes must include warnings about the risk of addiction and the probability of winning.

With the 2016 Stability Law (Law No. 208 of 2015), additional restrictive provisions on advertising were approved (Article 1, paragraphs 937-940).

More specifically, the decree banned the advertising of games with cash prizes on general radio and television broadcasts (from 7:00 AM to 10:00 PM) and on programs primarily aimed at minors. Exemptions to the ban were granted to specialized media, as identified by the ministerial decree published in the Official Gazette on August 8, 2016. These exempted media include pay-TV channels (such as Sky and Mediaset Premium), local radio stations, local TV stations, and thematic channels on pay platforms, as well as national lotteries and sponsorships in sectors such as culture, education, research, sports, healthcare, and social assistance.

In 2018, the Decree Law No. 87 of July 12, 2018, known as the “Decreto Dignità” (Dignity Decree), converted into Law No. 96 on August 9, 2018, introduced a total ban on advertising—even indirect—related to games or bets with cash prizes, as well as gambling. This ban applied to all forms of media, including sporting, cultural, or artistic events, television or radio broadcasts, print publications, billboards, digital and online channels, and even social media. Starting January 1, 2019, the law also prohibited the sponsorship of events, products, or services, as well as any other form of promotional communication related to games.

The only exceptions to these bans are national deferred lotteries and the logos promoting safe and responsible gaming issued by the Monopolies Agency. Existing advertising contracts were allowed to remain valid for one year following the law’s enactment. The Agcom (Italian Communications Authority) is responsible for enforcing these regulations and imposing sanctions.

On April 18, 2019, AGCOM (Italian Communications Authority) issued guidelines on how to implement the advertising ban as outlined in Article 9 of the so-called Decreto Dignità. The following are excluded from the ban:

  • Communications with an exclusively descriptive, informative, and identifying purpose related to legal gaming offerings, aimed at allowing informed gaming choices. The nature of the message—its language, graphic or acoustic elements, and the context of its dissemination—determines if it is deemed promotional and thus prohibited. A communication is presumed to be promotional, and therefore banned, if presented outside the context where the gaming service is offered.
  • Informational services that compare betting odds or commercial offers from different competitors (the so-called “odds sections,” i.e., segments hosted by sports television or web programs indicating bookmaker odds), provided they adhere to principles of moderation, non-deceptiveness, and transparency.
  • The simple display of winnings at a point of sale, as long as it is presented in a manner (including graphics and size) that does not encourage gambling for money.
  • Telemarketing of paid gaming services if both of the following conditions are met:
    a) The paid gaming offer via television medium is the object of a concession granted by the Customs and Monopolies Agency (ADM) for the operation of such services.
    b) The telemarketing is exclusively aimed at concluding a gaming contract and consists solely of the execution of the game, without containing any promotional reference or nature. Telemarketing is presumed to be promotional if broadcast on a generalist or semi-generalist television schedule.
  • The promotion of events unrelated to paid gaming, held within casinos or gaming halls, as long as they do not indirectly promote paid gaming.
  • The distinctive signs of legal gambling only where strictly identifying the location of the related activity (business signs or online site domains);
  • The logo or reference to gaming services present on window stickers of establishments offering paid gaming;
  • Information limited to the characteristics of various gaming products and services offered, provided in the context where the paid gaming service is offered (odds, jackpots, winning probabilities, minimum bets, any offered bonuses), as long as they respect the principles of moderation, non-deception, transparency, and absence of promotional emphasis;
  • Campaigns and communications related to Corporate Social Responsibility (CSR);
  • The “mere mention” of the concessionaire as the financier of a specific project or charitable initiative;
  • “B2B” communications, as these are addressed to industry operators and not citizens-consumers. Similar communications in specialized press are also excluded from the ban;
  • Free indexing services via algorithm, provided directly by search engines or marketplaces (Apple Store, Google Play), allowing the gaming operator to have a specific position in the user’s search results;
  • The use of the brand identifying, in addition to gambling services with cash or gambling winnings, other activities of an independent nature, only to the extent that there is no ambiguity about the object of the promotion and no evocative element of gambling appears in it, except for the mere name of the provider.
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