Sep 20, 2022

The government of Belgium declared its intention to outlaw all gambling advertising completely. Except for the National Lottery of Belgium, all legal games of chance now offered online and in physical locations would be subject to the restriction on ads.

Principles of the Ban

By the end of 2023, the planned royal decree would outlaw practically all gambling advertising, and by the end of 2024, it would outlaw all sports betting promotions. The proposed prohibition covers posters in public spaces, personalised digital or post advertising, and advertising in print, TV, radio, and online media, including social media.

BAGO’s Response

The local operator association BAGO (Belgian Association of Gaming Operators) criticised the proposal heavily. BAGO said the ban would not benefit the consumer and instead make it more difficult for Belgium casino players to distinguish between legal and illegal operators. 

BAGO said one in three operators that advertise games of chance on social media in Belgium do not hold licences in the country and are therefore operating illegally. As such, the ban on legal operators' advertising could increase the number of consumers gambling with these unlicensed operators, which do not offer the same protection measures as those approved to offer gambling in the country.

Despite the prohibition not including it, approximately 40% of all gambling advertisements in Belgium are placed by the National Lottery. BAGO continued, "One would thus ask if the government is making a choice here where consideration for the customer is paramount."

Additionally, despite the Minister of Justice's claim that the concept was discussed with licensed operators, BAGO criticised the government for not contacting the gaming business before coming up with the idea for the proposed ban. BAGO suggested creating a comprehensive legislative framework to impose supervision responsibility on the whole legal market in Belgium as an alternative to an outright prohibition.

Malta’s Extension

Malta asked for the ban's suspension period to be extended. Following Malta's request, the European Commission prolonged the "standstill period" for Belgium's prohibition on gambling advertising. The choice might postpone the implementation of the prohibition, which would apply to all gambling activities except the Belgian lottery system.

European Union Rules

EU (European Union) regulations permit other European nations to challenge a nation's proposed legislation through the European Commission during a standstill period if they feel it violates EU regulations on the free movement of goods and services. 

Due to the extension given to Malta, the hold on Belgium's royal decree was postponed from August to September. This signals that Malta could be preparing to contest the law.

Current Standings

The Belgian Gambling Commission, for its part, has called for stringent regulations on gambling advertising but has refrained from asking for a total ban. It demands a cap on gambling advertisements, a prohibition on personalised marketing directed at specific player demographics, and more substantial authority to act fast when regulations are breached.

The regulator did not offer a volume but stated that the government should define the level of advertising allowed. It stated that while it would want to see broad limitations on who may be targeted by gambling advertisements, it is especially interested in a prohibition on personalising adverts to be shown to young people, excluded players, and players who haven't played in a while.