RTE set to continue gambling advertising during live racing until regulation bill comes into force

Ireland's state broadcaster RTE will continue to show gambling adverts during live racing but accepts the enactment of the forthcoming Gambling Regulation Bill will require a review of existing arrangements that could yet prove costly. 

The long-anticipated bill, which heralds the formation of the Gambling Regulatory Authority of Ireland (GRAI) and has been welcomed by the bookmaking industry, was published on December 2. One of its most noticeable features is the proposed imposition of a new watershed that would ban gambling advertising between 5.30am and 9pm. 

If passed into legislation there would be a ban on such promotions on social media platforms unless users opt in to receive gambling content, and, while limits on staking remain at the discretion of punters, the legislation is expected to preclude bookmakers from offering inducements and promotions such as free bets.

International and domestic broadcasters would be prohibited from carrying gambling advertising during the watershed, which could complicate various commercial arrangements for both racing-specific platforms and other channels. 

During its televised racing coverage, RTE generally carries significant adverts, with BoyleSports and Paddy Power both prominent and it has said gambling adverts will remain part of its racing coverage until the bill comes into effect. Horseracing is already exempt from the limits of the broadcaster's in-house policy. 

BoyleSports: regular advertiser on RTE's racing programmesCredit: John Grossick (racingpost.com/photos)

"For practical reasons related to the variable start times which can occur in horseracing, horseracing is currently excluded from RTE's gambling policy," the broadcaster said. "As with all policies, RTE's gambling policy is kept under review and will again be reviewed once the Gambling Regulation Bill has been enacted.

"Advertising from bookmakers is not permitted prior to 9pm on RTE television and video-on-demand, except for live sporting events, but excluding live play. In the case of live sport whether before or after 9pm, gambling advertising is not permitted during the period from five minutes before the live event begins until five minutes after it concludes. This includes breaks in play – for example, half-time in a football match."

Quite how far the reach of the new legislation might extend is unclear but, when discussing the bill in December, minister of state for law reform James Browne said it would not provide for “an outright ban on gambling advertising or sponsorship”. While that might suggest bookmakers, who are among the most prevalent race sponsors in the industry, will be able to continue such promotions, Browne also indicated that overseas broadcasters would have to adhere to the law of the land in Ireland.

In that context, a broadcast feed from Sky Racing or Racing TV may not be permitted to broadcast the same betting advertisements to an Irish audience during the watershed as it would to a UK audience. The bill is forecast to be enacted this year, and the GRAI, whose designated chief executive is Anne Marie Caulfield, is also expected to begin undertaking its remit in 2023.

Horse Racing Ireland has been conducting talks with the Department of Justice surrounding the implications of the bill and a spokesman for the organisation said: "The upcoming Gambling Regulation Bill will deliver much-needed regulation for the gambling industry, and Horse Racing Ireland has been very encouraged by the engagement with the Department of Justice on the provisions within the Bill."

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