New Dutch Regulations Impact Gambling Advertisements
Date: 2023-10-27 Author: Dima Zakharov Categories: EVENTS
As of 1 July, operators must ensure all adverts and marketing specifically target users. This applies to all content on television, radio, and billboards. Adverts are permitted online and across on-demand television under certain conditions, with operators required to prevent ads from reaching individuals under 24 years of age.
However, three operators have already faced consequences under the new rules, prompting the intervention of the Dutch gambling regulator, Kansspelautoriteit (KSA). The regulator did not publicly disclose the names of the operators involved.
The first operator offered customers the opportunity to win a T-shirt featuring the brand's name and logo, which KSA determined to be untargeted advertising visible in public spaces. Such giveaways are now prohibited.
Another violation of the regulations relates to the requirement for "neutral expressions" in ads. Two operators breached this rule by featuring non-neutral content in their advertisements. Nonetheless, sponsorship of television and radio programs is still allowed if ads comply with these restrictions.
One of the operators included a slogan that could be heard and seen during program sponsorship, which KSA considered a breach of the neutrality requirement. The second operator encouraged sports event attendees to use its app, including non-neutral messages in the advert.
KSA reported that all three operators promptly withdrew their adverts following contact regarding the violations.
The Dutch Minister of Legal Protection, Franc Weerwind, emphasized the importance of discussions with operators to ensure compliance with the new rules. Weerwind believes that dialogue may be more effective than imposing fines.
Despite criticisms about the limited guidance provided by KSA on the new regulations, Weerwind defended the regulator's working methods, highlighting that careful consideration was given to how the ban would function in practice and how effective enforcement could be achieved.
