GGL launches tender for study on gambling advertising

Gambling is always and everywhere available online, and in particular on internet-enabled mobile devices. Similarly, advertising for gambling seems to be spreading. It is no longer just online casinos and sports betting sites that are being criticised. Promotions are also coming under increasing scrutiny. In this context, the GGL has now launched a tender for a study to clarify whether the current regulations for gambling promotions are fulfilling their purpose.

These days, as soon as we turn on the television, surf the Internet or even walk down the street, we are confronted with gambling ads: It is usually not long before we are confronted with gambling advertisements. Not to mention major sporting events such as Bundesliga football matches. This flood of advertising has been criticised for some time. Politicians, as well as many players, consider the massive distribution and certain tactics to be questionable.

The debate is also a regular feature of our news. For example, we reported on the restriction of online gambling advertising and the possible exclusion of sports betting advertising from the 2024 European Football Championship.

The title of the study carried out by the Joint Gambling Authority of the German Federal States (GGL) on this topic is "Gambling Advertising on Television and the Internet in the Area of Conflict between Channeling and Addiction Prevention". In the course of the study, the following questions in particular are to be clarified Are the advertising regulations of the State Treaty on Gambling (GlüStV) of 2021 suitable for adequately protecting the recipients of gambling advertising of any kind?

§ 5 of the State Treaty on Gaming 2021 is questioned

The regulations on advertising for and by online casinos, sports betting providers and other gambling companies are set out in § 5 of the State Treaty on Gambling. The aim of the study is to determine "to what extent the provisions of § 5 of the State Treaty on Gaming 2021 are suitable or can be improved in order to direct players and those who decide to play to the advertised legal gaming offer without having a (special or critical) incentive effect on persons who have not been interested in and/or susceptible to gambling so far": This is what the authority's communication says.

Put simply, this means as much as: The GGL is reviewing the provisions of the paragraph in question and is investigating the possible need for optimisation. Potential players can be made aware of legal games of chance. However, advertisers should maintain a certain level of moderation and not create too offensive incentives to gamble.

The focus is on the impact of more or less traditional advertising on TV channels, websites or social media platforms, as well as sponsorship activities. Special advertising measures such as the granting of bonuses or other discounts, preferential treatment, etc. are also included.

Particular attention will be paid to the impact on vulnerable groups. In this context, these are mainly people who are generally less or not at all aware of advertising, i.e. mainly children and young people.

The central advertising provisions of §5 GlüStV 2021 at a glance

What does § 5 GlüStV 2021 actually say? This § is actually not very long. First of all, it states that companies with a valid gaming licence in Germany are allowed to advertise their offers. Sponsorship of sports clubs or events or other events such as festivals is also allowed.

This is followed by various restrictions. These advertising rules are elementary:

• „Advertising should not be excessive.“

• „As far as possible, minors should be excluded as recipients of advertising.“

• „Misleading advertising for public gambling, in particular advertising that contains inaccurate statements about the chances of winning or the nature and amount of winnings, is prohibited.“

• „Advertising shall not present the outcome of gambling as being within the player's control, nor shall gambling be presented as a solution to financial problems.“

• „No advertising of virtual slot machines, online poker and online casino games may be broadcast on radio or over the internet between 6am and 9pm daily.“

• „Immediately before or during the live broadcast of a sporting event, no advertising for sports betting on that sporting event shall be permitted on the channel.“

• „Advertising for sports betting with active athletes and officials is not permitted.“

• „In sports facilities, gambling advertising is only permitted in the form of umbrella brand advertising on shirts and scoreboards and similar advertising media.“

• „Personalised gambling advertising to banned players is not permitted.“

• „Live scores of sporting events may not be linked to the promotion of sports betting on that sporting event.“

• „Advertising and sponsorship for unauthorised gambling is prohibited.“

Conclusion

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