Italy’s communications regulator, AGCOM, has approved final guidance aimed at preventing responsible-gambling campaigns from functioning as covert advertising for gambling operators. Resolution 161/25/CONS, published in late May 2025, establishes strict new criteria for what qualifies as a genuine public-health message versus a promotional vehicle dressed in compliance language. The rules apply across television, radio, digital platforms, and print, and they carry real enforcement weight in a market where gambling advertising restrictions have tightened steadily since the 2018 Dignity Decree.
What AGCOM’s New Resolution Actually Changes for Operators
Before diving into the specifics, it helps to understand why this matters commercially. Italy’s gambling sector generates tens of billions of euros in annual wagers, and operators have long relied on safer-gambling messaging as one of the few remaining channels to maintain brand visibility after the country’s sweeping advertising ban. AGCOM’s new framework closes that gap, at least on paper.
- Brand visibility restrictions tighten further: Safer-gambling messages can no longer feature operator logos, brand colours, or any visual identity elements that could create brand association in the viewer’s mind.
- Content must be genuinely educational: Messages must focus exclusively on risks associated with gambling, available support resources, and self-exclusion tools. Any language that normalises gambling behaviour or frames it positively will trigger enforcement action.
- Operators cannot sponsor or co-brand responsible-gambling campaigns in ways that position them as benevolent market participants
- Cross-platform consistency: The rules apply uniformly across broadcast, digital, social media, and out-of-home channels, eliminating the regulatory arbitrage some operators had exploited by shifting messaging to less-scrutinised platforms.
- Enforcement is complaint-driven but proactive: AGCOM retains the authority to initiate investigations independently, not only in response to formal complaints.
The Thin Line Between Compliance and Promotion
For years, a quiet tension has existed in regulated gambling markets worldwide. Operators are required to promote responsible gambling. Yet every time they do so, they also remind consumers that their brand exists. That paradox has been especially acute in Italy, where the Dignity Decree (Decreto Dignità) of 2018 banned nearly all forms of gambling advertising but left a carve-out for responsible-gambling communications.
Some operators treated that carve-out as a loophole. Campaigns appeared with operator branding prominently displayed, slick production values indistinguishable from commercial spots, and messaging that spent more time associating the brand with social responsibility than actually informing consumers about problem-gambling risks. AGCOM’s resolution targets precisely this behaviour.
Whether the new rules will survive contact with creative compliance teams remains an open question.
How Italy’s Approach Compares to Other European Markets
Italy is not the first jurisdiction to wrestle with this problem, but its approach is arguably the most prescriptive. The UK’s Gambling Commission has issued guidance on responsible-messaging standards, though enforcement has been uneven (a distinction regulators have been slow to enforce). Spain’s Dirección General de Ordenación del Juego imposed strict advertising limits in 2021 but has not specifically addressed the responsible-gambling-as-advertising loophole with the same granularity.
| Market | Advertising Ban | Responsible Gambling Messaging Rules | Enforcement Approach |
|---|---|---|---|
| Italy | Near-total since 2018 | Resolution 161/25/CONS: no branding, no promotional framing | Proactive and complaint-driven |
| United Kingdom | Partial restrictions | Guidance-based, less prescriptive | Primarily complaint-driven |
| Spain | Significant restrictions since 2021 | General standards, no specific anti-loophole rules | Mixed |
| Netherlands | Online advertising ban from July 2023 | Developing framework | Still being established under KSA oversight |
Italy’s framework stands out for its specificity. Rather than relying on principles-based guidance that operators can interpret flexibly, AGCOM’s regulatory framework draws hard lines around what is and isn’t permissible.
Reframing Compliance: What Operators Need to Internalise
The deeper shift here isn’t just regulatory. It’s perceptual. For operators accustomed to treating responsible-gambling campaigns as a dual-purpose tool, the new rules demand a fundamental rethinking of how compliance functions within marketing strategy. And that rethinking extends beyond the legal department.
Operators will need to separate their responsible-gambling output entirely from brand teams. Production of safer-gambling content should sit with public-health communication specialists, not creative agencies whose primary KPI is brand recall. Budget allocation matters too: if the spend on a responsible-gambling campaign mirrors what an operator would invest in a brand campaign, regulators will notice.
Training internal teams to recognise the difference between genuine harm-reduction communication and soft promotion is not a one-time exercise. It requires ongoing calibration, particularly as digital formats evolve and new platforms emerge. The operators who build this capability early will find themselves better positioned when other European regulators inevitably follow Italy’s lead.
Still, the practical challenge is substantial. Smaller operators with limited compliance infrastructure may struggle to meet the new standards without external support, creating a potential competitive asymmetry that favours larger, better-resourced companies.
Frequently Asked Questions
Does Resolution 161/25/CONS ban all responsible-gambling messaging by operators?
No. Operators can still produce and distribute responsible-gambling content. What they cannot do is use that content as a vehicle for brand promotion. The messaging must be stripped of logos, brand colours, and any elements that could create commercial association.
When do the new rules take effect?
The resolution has been approved and published. Operators are expected to comply immediately, though AGCOM has indicated it will assess compliance on a case-by-case basis during the initial implementation period.
What penalties can AGCOM impose for violations?
AGCOM has broad enforcement powers under Italian communications law, including the authority to issue fines and order the removal of non-compliant content. Specific penalty amounts depend on the severity and nature of the violation.
Will this affect affiliate marketing in Italy’s gambling sector?
Indirectly, yes. Affiliates who distribute operator-branded responsible-gambling content will need to ensure that material complies with the new standards. The resolution doesn’t carve out exceptions based on distribution channel.
