The Netherlands government has put into effect a prohibition on the majority of gambling promotions after numerous postponements.
Dutch authorities have put into place a prohibition on gambling promotions across most media outlets, which took effect on the first of July. This prohibition encompasses television, radio, and printed media.
The new rules also forbid advertising in public areas. This will extend to billboards, bus stops, and cafes, as well as the gambling establishments themselves, such as casinos and slot machine parlors.
Under a phased rollout strategy, gambling sponsorship of events and clubs will also stop. Sponsorship of events and programs will be prohibited from July 1, 2024, while sponsorship of venues and clubs will end in 2025. The new rules also impose fresh restrictions on affiliate advertising.
However, targeted advertising will be allowed in some instances. This means advertising on on-demand streaming services, social media, direct mail, and online gaming environments will be permitted.
Regulators have made it clear that the aim is for over 95% of those viewing such advertisements to be over the age of 24. There is still a level of uncertainty about how exactly this will be defined, monitored, and enforced.
The Dutch Gambling Authority (KSA) stated it will only issue “limited” guidance on the ban, hoping operators will take the lead in this area.
The KSA’s enforcement strategy…
The governing body stated it would inform the sector if the new regulations required further explanation. However, the governing body cautioned permit holders to avoid pushing the limits of the law – mirroring a similar warning given by KSA chairman Rene Jansen last month.
The governing body had previously made it clear that it would be careful in enforcing the new regulations. This prompted some anti-gambling politicians to question Frank Weverwind, the minister responsible for gambling affairs, about the wisdom of this approach.
However, the minister defended Jansen’s comments, arguing that communicating with permit holders was often a more effective method of establishing behavioral standards than penalties.
Regardless, the governing body stated it would closely monitor operators’ response to the restrictions: “Now that the prohibition is in effect, the KSA is actively overseeing the application of the new advertising rules and licensee obligations in practice,” the governing body stated.
New advertising directives
With the advertising prohibition in place, the Dutch gambling industry has introduced a new version of its self-regulatory directives, the Online Chance Games Advertising Guidelines.
The directives were introduced months after the regulated market launched in the Netherlands, by the gambling industry associations VNLOK and NOGA after the consumer association withdrew its backing for the directives.
The fresh legislation incorporates provisions concerning deceptive advertising, limiting commercial duration to a half-minute and permitting a maximum of three gambling advertisements per commercial break, among other stipulations.
Casino Nieuws highlights that the new advertising legislation introduces numerous restrictive measures in addition to the new regulations. These measures include:
The Netherlands inaugurated its regulated gambling market on October 1, 2021. In the months subsequent to legalization, gambling operators invested heavily in advertising.
The more stringent gambling advertising regulations were declared in March 2022 by Weverwind, arising from concerns about the influence of widespread gambling advertising on the Dutch populace.
The minister vowed to pursue this course of action after the Dutch parliament endorsed a motion by Social Party MP Michiel van Nispen to completely prohibit gambling advertising.
In July 2022, the minister unveiled a more detailed plan outlining the practical implementation of the prohibition.
Although the minister initially announced that the prohibition would take effect on January 1, 2023, the government postponed the date on multiple occasions due to a lack of clarity in certain provisions of the ban, ultimately settling on July.
This news arrives as Belgium also takes steps to prohibit all forms of gambling advertising, with its ban being more comprehensive in certain aspects than the Dutch ban.
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