Advertising and sponsorship in sport: what is allowed for betting, beer and tobacco?
Poland allows betting operators holding a Polish permit to sponsor sport and allows beer advertising on strict conditions, but it prohibits tobacco companies from sponsoring sport and prohibits communicating sponsorship by producers and distributors of beverages above 18% alcohol. You therefore assess each logo on a shirt or an advertising board separately, by product type and form of communication.
The Act of 26 October 1982 on Upbringing in Sobriety and Counteracting Alcoholism generally prohibits alcohol advertising, except for beer. Beer advertising must not target or depict minors, link alcohol with physical fitness or driving, encourage excessive drinking, or suggest success, relaxation or sexual attractiveness. It is banned on television, radio, in cinemas and theatres from 6:00 to 20:00, except for advertising by the organiser of a competitive or professional sporting event during that event. On boards and other surfaces, including in stadiums and arenas, a warning takes up at least 20% of the space. A producer or distributor of beverages with 8-18% alcohol communicates sponsorship generally only by name and trademark.
The Act of 9 November 1995 on the Protection of Health against the Consequences of Tobacco and Tobacco Product Use prohibits advertising and promoting tobacco products and certain related products, including e-cigarettes, refill containers and nicotine pouches. The ban covers sports facilities, the media and the internet. Sponsoring sport in breach of the Act carries a fine of up to PLN 200,000, restriction of liberty, or both.
The Act of 19 November 2009 on Gambling allows advertising of betting conducted under the relevant permit, on the conditions in Article 29b. The advertising must not target minors, link betting with fitness or easy winnings, present gambling as a way out of problems, encourage higher stakes or suggest success. It is banned on television, radio, in cinemas and theatres from 6:00 to 22:00, except for advertising broadcast during the transmission of a sporting event where the operator sponsors the event or a team or athletes actively taking part in it. Betting advertising is also generally banned in public places. The exception covers mass and sporting events where the operator sponsors the event, a participating team or athletes, or a sports federation associated with the event, and it extends only to advertising the sponsor's betting or the sponsor itself. The advertising must carry the required notices on risk, the consequences of illegal gambling and the operator's permit. Mere sponsorship information follows narrower rules under Article 29(3): it is limited to the sponsor's name or another identifying designation.