TV4 fälls-surreptitious advertising for Svenska Spel at triss-skrapet

Most of us have probably seen the Triss scratch in Nyhetsmorgon on TV4 and thought that it is an obvious element of cooperation. Now, however, it has turned out that it is not as obvious as we have always thought. TV4 has made mistakes in the case and has now also been convicted for surreptitious advertising.

Well-known program items turn out to be advertising

It's not just Triss in the News morning this case is about. But also the program items Keno and Lotto draws, from which TV4 regularly presents the results, have been judged to be advertising. In other words, TV4 should have marked these program points as advertising, something they have not done.

This is the program point that TV4 has broadcast for many years, and especially the Triss scratch is very popular among viewers. However, viewers do not have to worry that these are Program items that will disappear, but can instead expect that they will continue to be marked as advertising. Something that should have minimal impact on how fun and exciting it is for viewers.

Industry Association reported TV4

The online gambling industry association (BOS) started the legal process back in 2019 when they submitted a notification to the Consumer Ombudsman. They then felt that TV4 has failed to label these Program items as advertising. In 2020, the Consumer Ombudsman chose to examine the case and found that TV4 has actually failed. They felt that TV4 had breached both the Gaming Act and the Marketing Act.

However, TV4 chooses to invoke freedom of expression and is correct in its review by the review board. However, the story does not end here, but the Consumer Ombudsman once again chooses to take up the case. They also demand that TV4 and Svenska Spel publish their cooperation agreement, a requirement that the court denies.

But in 2022, the Consumer Ombudsman chose to take the case to the Supreme Court, where they were also right. TV4 was convicted for making surreptitious advertising for Svenska Spel by not noticing these Program items.

What happens to TV4 now?

Exactly what will happen for TV4 now has not yet been determined. However, the review board has applied for TV4 to pay a fine for its miss which has turned out to be a violation of the law. The next measure will also be that TV4 will have to start labeling these elements as advertising and that they take place in collaboration with Svenska Spel.

Thus, the criminal process has been going on for three whole years, and so far we have not been able to see any advertising marking in the program items. However, the verdict against TV4 is completed in such a way that the Supreme Court has ruled that they have failed to label it as marketing. Nevertheless, we are still waiting to see what the measures will be.

Violation of the game Law

If BOS had chosen to raise the matter before 2019, they would not have been able to claim that it was a violation of the Gaming Act. New Zealand did not have a regulated gambling law regarding online gambling before then. In the Gambling Act that came into force just in 2019, there are rules that all players must mark up games with that there is an age limit and include contact information to the game break.

This is something that has not been included in the features when TV4 has shown Triss, Lotto and Keno. In addition, TV4 does not have a gaming license, but it is Svenska Spel that has a license to offer games. If an operator fails to comply with the relevant legislation, there is a risk of warning and penalty charge. It can also result in the gaming company getting rid of its license in the worst case.

That Svenska Spel would get rid of its license, however, is not particularly likely because it is a state-owned gaming company.