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Compliance Updates

Update: Eurosport Fined for Gambling Ads

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On September 16, 2021 the National Police Board (“NPB”) imposed a prohibition order and conditional fine of EUR 800,000 for Eurosport SAS (“Eurosport”), a pan-European sports network established in France, for broadcasting gambling advertisements on the Finnish language version of Eurosport 1 television channel.

According to our sources, prior to this the NPB had twice approached Eurosport arguing they infringe the Finnish Lotteries Act marketing prohibitions and requested the actions to be ended. Eurosport remained passive throughout the process until October 27, when they informed the NPB that in their view the decisions of September 16 were “manifestly incorrect”. Eurosport added that they will comply with the NPB’s request for now and they will not broadcast commercial gambling advertising on Eurosport 1 in Finland for the period of three months starting from October 28, 2021. Eurosport notified the NPB of their intention to appeal the NPB’s decisions of September 16 and the Helsinki Administrative Court confirmed that Eurosports appeal was filed October 28 and it is currently pending.

The subject matter of the case is interesting. The NPB makes a convincing case that Eurosports gambling advertisement is infringing the Finnish Lotteries Act. However, their argumentation regarding Audiovisual Media Services Directive (“AVMSD”) is less convincing.

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The country of origin principle (“CoO principle”), according to which each EU Member State is legally responsible for all audiovisual media services originating from its own country, is a cornerstone of the AVMSD. Article 4 lays down exceptions to the CoO principle and defines the procedure which must be followed if a Member State is to take action against a media service provider established in another EU Member State.

With regarding to the AVMSD, the NPB would have to at the very least notify the EU Commission pursuant to Article 4 (4) of their intended actions and to substantiate the grounds on which its assessment is based. The EU Commission would need to decide that the measures are compatible with EU law. That has not been the case here.

The NPB argues that the AVMSD does not intend to harmonise gambling advertising in the EU and thus the CoO principle or Article 4 procedures do not restrict them taking direct action against Eurosport.The NPB’s argumentation is based on the recital 10 of the consolidating directive of 2018 which states that the AVMSD does not affect a Member State’s competence to decide on national approach to gambling advertising presumed that the measures taken are justified, proportionate to the objective pursued and necessary under the EU law.

As it is not stated anywhere in the AVMSD (original or consolidated version) that gambling marketing is excluded from the scope, the NPB’s argumentation appears at least questionable. If the Helsinki Administrative Court comes into a similar conclusion the case will fall apart.

The article has been written Antti Koivula, Consulting Legal Advisor at Legal Gaming.

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Compliance Updates

YouTube Plans Crackdown on Gambling-related Content

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YouTube has announced a crackdown on gambling-related content, tightening its policies to limit exposure to unapproved betting services. Under the new rules, which won’t go into effect until later this month, creators will be prohibited from verbally mentioning gambling platforms that aren’t approved by Google and displaying their logos or linking to their sites in videos.

It certainly appears that YouTube intends to be stricter with its new guidelines, which will take effect on March 19.

While YouTube’s announcement didn’t single out specific gambling platforms like Stake in the announcement, this policy only furthers Google’s crackdown approach to better online promotions. If you find yourself on the platform’s support page and venture into the help center, Google notes that it only allows links to gambling ads that “meet local legal requirements.” And if you want to link to or promote an online gambling site, the domain has to be certified by Google Ads or reviewed by YouTube.

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Another part of YouTube’s announcement is that the platform will introduce stricter age restrictions on gambling-related videos. So, viewers under 18 or those not signed into YouTube will not be able to access the videos.

The post YouTube Plans Crackdown on Gambling-related Content appeared first on European Gaming Industry News.

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Compliance Updates

Dutch Gambling Authority Cracks Down on Online Gambling Autoplay Feature

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The Netherlands’ gambling authority, Kansspelautoriteit (KSA), has addressed an online gambling provider on the use of gaming software with an option for autoplay. Offering autoplay is not permitted in the Netherlands.

With autoplay, a player can automatically continue playing after each bet without having to do anything. Because this option can lead to addiction, the use of autoplay is prohibited in the Netherlands. The KSA received a signal that a player at an online roulette table could automatically continue playing with the previous bet after winning; it was not removed from the table. After investigating the signal, the KSA concluded that this was indeed autoplay. The provider was then given a formal notice to immediately stop the violation and keep it stopped. The game must also be re-inspected before it can be put back into use, in order to exclude autoplay.

Because gambling providers use software supplied by third parties, there is a chance that other providers use the same software. The KSA has therefore sent a letter to all providers to draw attention to the ban on autoplay. The KSA emphasises that it is the provider’s responsibility to check software supplied by third parties for possible prohibited offers or game functions.

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Compliance Updates

Dr. Zoltán Guller Becomes the New Chairman and CEO of Szerencsejáték Zrt.

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Hungarian Minister of National Economy Márton Nagy appointed Zoltán Guller, Chairman of the Board of Directors of the Hungarian Tourism Agency, as of March 5, 2025, as the Chairman and CEO of Szerencsejáték Zrt., which will be under the ownership of the Ministry of National Economy from February 26, 2025.

The outgoing Chairman and CEO Andrea Mager will become a member of the Monetary Council of the Hungarian National Bank.

Zoltán Guller has been the CEO and then Chairman of the Board of Directors of the Hungarian Tourism Agency since 2016. He will hold the management position of Szerencsejáték Zrt. while retaining his current positions.

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Márton Nagy also expressed his gratitude to Andrea Mager for her conscientious work in recent years and wished her much success in her future professional challenges.

Andrea Mager has been at the helm of Szerencsejáték Zrt. since June 15, 2022, and during the period the company has strengthened its market position and achieved revenue peaks.

The post Dr. Zoltán Guller Becomes the New Chairman and CEO of Szerencsejáték Zrt. appeared first on European Gaming Industry News.

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