The Pitch: Regulator losing its pitched battle against live betting advertising  

Her commitment effectively meant that live sports events - including Premier League games, racing fixtures and darts matches - would no longer be allowed to carry LED, banner or any forms of advertising around the fields or stages of play.

The message was clear, even if the objective was highly ambitious, live sports beamed into Irish homes could not be shown if they contained betting company advertising.

Premier League games, where a visible sponsor around the field of play included a betting firm, could not be broadcast here under the Regulator’s reasoning.

The Christmas sporting staple - the Paddy Power PDC World Darts Championships - could not be watched here, nor could Ireland host a Premier League Darts fixture, as it did last month in Dublin, where BetMGM was emblazoned on the stage throughout play.

The future of horse racing broadcasts and its myriad of betting partners around tracks and racecourses would be under severe threat.

The banning of such advertising, the Regulator said, would be achieved with the support of the Gambling Regulatory Authority and the Minister for Justice, who would use a “statutory instrument” to end the use of branding and promotions during sports shown before 9pm.

However, in a climbdown, the Department of Justice has revealed to The Pitch that such a ban will now not take place.

It said the marketing and advertising rules of regulation will now “not apply to the incidental background visibility of licensees logos during media coverage of events, for example, on hoarding in stadiums or venues”.

Effectively it has taken more than one year for the Regulator and the DOJ to finally recognise that it is powerless in achieving one of the key objectives set out by Anne-Marie Caulfield.

Let’s examine how the Regulator got it wrong by going back to that RTÉ interview and what Ms Caulfield said last year about ending live sports advertising.

In the January 2024 interview she was asked if LED would be permitted - during a televised football match, for example - where you had “ads scrolling around the pitch, on the hoardings, but not in the ad break – is that allowed?” 

The response was clear.

“So you cannot portray gambling as attractive to children,” she explained. “There is a provision in the act that we can prescribe the times, the volumes, the frequency of ads, and so that is something that could be captured under that provision into the future.

“You cannot portray gambling as attractive to children, so in my view, it would be captured in terms of that provision.” 

Pushed by the interviewer Ms Caulfield was asked: “In your view, there can be no gambling adverts on hoardings on a sports pitch, that’s being televised before the nine o’clock watershed?”

 “So a statutory instrument would be made whereby the gambling regulatory authority - the seven members would consider that matter - they would consult with the industry - make a recommendation to the minister and thereafter it could be imposed as a statutory instrument as a condition on people’s licence (sic),” she added.

“And there could be very considerable fines – up to €20m, up to 10 per cent of turnover etcetera - for breaches of the conditions and terms of licence more generally.” 

When asked in recent days if the Regulator intends to ban sports that were accompanied by betting company marketing and advertising the DOJ revealed the issue was no longer being considered.

“The Gambling Regulation Act 2024 was signed into law by the President and enacted in October 2024,” it began. “This landmark legislation streamlines, strengthens and modernises gambling regulation in Ireland and provides for the establishment of the Gambling Regulatory Authority of Ireland (GRAI).

“The Act provides for a robust regulatory and licensing regime to regulate gambling in-person and online, including lotteries and other similar gambling activities permitted under the Act, and for the regulation of gambling advertising, websites and apps.

“The Act has been drafted from a public health perspective and seeks to protect the most vulnerable in our communities, including children, younger people, and those susceptible to problem gambling.

“In the first instance, it is important to note that the Act will not prevent or prohibit the operation of subscription or other sports media channels in Ireland, nor will it prohibit the broadcast of sports from other jurisdictions.

“The Act prohibits a licensee from entering into an arrangement to advertise either the licensee or a gambling activity on TV, radio and audio-visual media services between the hours of 5.30am and 9pm.

“This prohibition does not apply to the incidental background visibility of licensees logos during media coverage of events, for example, on hoarding in stadiums or venues.

"The DOJ added that the Act prohibits licensees from sponsoring an event(s) where the majority or participants or attendees are children, or aimed at clubs and teams involving minors.

“The forthcoming establishment of the GRAI will be a significant milestone in ensuring a well-regulated gambling sector that protects the public from harms associated with gambling.” 

The reality now is that there will be forms of gambling advertising before the watershed, even if it the Department tries to play down such marketing as ‘incidental background visibility’ - the over-riding picture is of a much weaker and softer regulation than was first proposed.

Another area which will escape the control of the Regulator is the National Lottery, something which then Junior Minister James Brown was determined to address from the outset, even speculating that the positioning of Lotto branding in shops might be removed.

The Department of Justice also confirmed this week: “The National Lottery and its activities comes under the remit of the Department of Public Expenditure, NDP Delivery and Reform and not the Department of Justice.” 

“While the National Lottery will not fall under the remit of the Gambling Regulatory Authority of Ireland, the operation of the National Lottery is subject to the provisions of the National Lottery Act 2013 and is already regulated by its own dedicated regulator – the Regulator of the National Lottery.” 

The Department added that “other forms of lotteries such as those currently licensed under the Gaming and Lotteries Act 1956 will be subject to regulation under the Gambling Regulation Act 2024.” 

Just not the biggest and most lucrative one of all.

With Regulation still finding its way, it is clear that the version which will acted upon is a far weakened variety than what both Minister James Brown and Anne-Marie Caulfield set out to achieve.

RTÉ joins forces with FAI for grassroots and elite football show 

A collaboration between the Football Association of Ireland and RTÉ will see the broadcast of a brand new weekly show, focusing on young footballers and fans.

Total Football - a 10-part series giving participants access to top players, elite coaches, and the personalities around the beautiful game – will go out every Saturday morning, presented by Aisling O’Reilly and Rasdi Nsimba.

Viewers will see insider insights from the biggest names in the game – including Evan Ferguson and Katie McCabe - while also taking on fun challenges both in-studio and from grassroots clubs across Ireland.

FAI Director of Grassroots, Ger McDermott said: “Having partnered with RTÉ to create Total Football we are excited for the public to see a show that fosters Ireland’s love of football and showcases the fun to be had with the beautiful game.

“Total Football is a wonderful platform for children to learn skills, be active at home, socially with friends and in schools. By putting children at the forefront of the programme we will speak to thousands of youngsters who love to play football across the country.” 

Total Football will be broadcast from Saturday March 15 on RTÉ2 and RTÉ Player at 10am.