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.
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:
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.
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: