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The ability of the broadcaster to air commercials of any kind relating to betting or gaming including casinos, bingo parlours and lotteries ("Gambling Advertising") is contingent upon compliance with a complex set of Federal and Provincial laws including the Criminal Code and Provincial licensing laws. It is the responsibility of the advertiser to ensure the legality of airing all its commercials and the review by Telecaster does not include a legal review.
Telecaster will require for Gambling Advertising an Indemnity letter from the advertiser stating that the gambling activity, as well as the airing of the commercial is in compliance with all applicable laws in the Province where the commercial is to be aired. In some circumstances, Telecaster may also require from the advertiser a legal opinion from its lawyer.
Advertising of "for fun" gaming web sites which do not constitute gaming or betting, are treated separately by Telecaster. In addition to the requirements below, an Undertaking letter will be required to be signed by the advertiser that the site is for amusement purposes only with no opportunity to gamble for real money or money"s worth, that there are no links to illegal sites and there will be no contact made with users to promote any illegal sites. Per the Undertaking, Telecaster will also require a Canadian legal opinion without material qualification indicating that it complies with all applicable laws.
The Telecaster Gambling Advertising Guidelines are as follows:
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Gambling Advertising shall not imply directly or indirectly that the gaming or betting activity promotes or is required for social acceptance, personal success, financial success or the resolution of any economic, social or personal problems. More particularly, the Advertisement shall not:
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imply the certainty of financial reward or the alleviation of personal or financial difficulties;
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encourage play as a means of recovering financial losses, whether from past gaming or betting or otherwise;
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present the gaming and betting activity as an alternative to employment or as a financial investment; or
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suggest that participation in such gaming and betting can enhance personal qualities, improve self-image or self-esteem.
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Gambling Advertising shall not contain endorsements by well-known personalities suggesting that gaming or betting has contributed to their success.
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Gambling Advertising shall not use individuals who are or appear to be minors, to promote gaming and betting. Nor shall it be targeted at minors.
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Gambling Advertising shall not encourage or promote irresponsible or excessive participation in gaming and betting, or encourage people to play beyond their means, and shall incorporate positive messages encouraging responsible participation in gaming and betting, for example, "Keep gambling enjoyable, play responsibly." (Please note that wording requirements may vary by province.)
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Where the Gambling Advertising includes camera shots of rooms such as casinos in which gaming or betting takes place, the shots shall highlight the customers, rather than money being exchanged, games being played or betting taking place. Long shots of casinos are acceptable.
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Where Gambling Advertising shows alcoholic beverages, it shall show them in glasses only, with no brands being shown and with no visible or implied alcoholic beverage consumption being depicted.
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Gambling Advertising shall not imply that a player's chances of winning increase the longer he or she plays or bets, nor shall it depict intrinsic luck as attaching to any part of gaming and betting.
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The Advertisement shall not depict a pre-occupation with gaming and betting.
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The Advertisement shall not depict winning as the most probable outcome of gambling, nor shall it misrepresent a person"s chance of winning a prize.
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Gambling Advertising shall not portray participation in gaming and betting as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments, nor shall it suggest peer pressure to gamble or disparage abstention from gaming and betting.
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The advertiser must be clearly identified in both the audio and video portions.
Revised September 14, 2007
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