National Gambling Act, 2004 (Act No. 7 of 2004)RegulationsNational Gambling Regulations, 2004Chapter 2 : Restricted activities and status of gambling debt3. Advertisements |
| 1) | Advertising in respect of gambling must not- |
| a) | contain any lewd or indecent language, images or actions; |
| b) | portray excessive play; |
| c) | imply or portray any illegal activity; |
| d) | present any game, directly or indirectly, as a potential means of relieving financial or personal difficulties; |
| e) | exhort gambling as a means of recovering past gambling or other financial losses; |
| f) | contain claims or representations that persons who gamble are guaranteed personal, financial or social success; |
| g) | represent or imply that- |
| i) | gambling is an alternative to employment or a means of acquiring financial security; |
| ii) | winning is the probable outcome of gambling; |
| iii) | gambling primarily involves skill; |
| iv) | gambling is a form of investment; |
| v) | the more or longer one gambles, the greater the chances of winning; or |
| vi) | that gambling is likely to make players’ dreams a reality; |
| h) | portray or contain persons or characters engaged in gambling who are, or appear to be, under the age of eighteen years; |
| i) | be placed- |
| i) | in media primarily directed at persons under the age of eighteen years; |
| ii) | at venues where the majority of the audience may reasonably be expected to be under the age of eighteen years; or |
| iii) | on outdoor displays directed at schools, youth centres, technikons or university campuses. |
| 2) | Each advertisement of a gambling machine or device, gambling activity or licensed premises at which gambling activities are available, must - |
| a) | include a statement warning against the dangers of addictive and compulsive gambling, which shall- |
| i) | in respect of any printed or electronic mail advertisement, be in a font of at least the same size as the font used for the body of the advertisement and shall incorporate, at a minimum- |
| aa) | the name, toll-free number, and slogan of the National Responsible Gambling Programme; and |
| bb) | reference to the fact that only persons of the age of eighteen years or older may lawfully participate in gambling; |
| ii) | in respect of any video or television advertisement- |
| aa) | incorporate at a minimum the information contemplated in sub- paragraph (i); and |
| bb) | be published in visual format so that each slogan appears in a legible and noticeable format for at least three seconds; |
| iii) | in respect of any radio advertisement or voice message on a telephone sent to the public- |
| aa) | incorporate at a minimum the information contemplated in sub-paragraph (i); and be in a clearly audible format; |
| bb) | be in a clearly audible format; |
| iv) | in respect of any hold message on the telephone system of a licensee- |
| aa) | incorporate at a minimum the information contained in sub-paragraph (i); |
| bb) | be broadcast at least once every 3 minutes; and |
| cc) | be in a clearly audible format; |
| v) | in respect of any text message service on a cellular telephone or similar device utilised predominantly for voice communication incorporate at a minimum the information contemplated in sub-paragraph (i); |
| vi) | in the case of advertisements appearing on billboards, web pages or multi-page pamphlets, contain at a minimum the information contemplated in sub-paragraph (i), which shall be displayed on at least ten percent of the surface of the billboard, the home page of the web page or the front page of a multi-page pamphlet; |
| b) | contain such other information as may be required in terms of applicable provincial legislation; and |
| c) | all promotions of gambling activities shall comply with the requirements of the relevant provincial legislation. |
| 3) | The provisions of sub-regulation (2) shall not apply in respect of any advertisement of- |
| a) | gambling devices placed in trade publications targeted at the licensed gambling industry; |
| b) | facilities or amenities located or offered in or on licensed premises but which are unrelated to a gambling activity, provided that such advertisement does not make reference to gambling activities; |
| c) | promotional items which have been exempt in terms of relevant provincial legislation; and |
| d) | any promotional material manufactured before the effective date. |