Gambling advertisement remains a grey area in the European Union. Despite widespread debate and discussion, the European Commission has made it clear that it does not intend to ban gambling advertisements across the European Union. EC Commissioner Michael McGrath confirmed the organisation’s decision in response to a written question by Italian Member of Parliament Carolina Morace.
EC Rejects Unified Gambling Ad Ban Proposal
- Italian MEP, Carolina Morace, submitted a written question to the European Commission on March 18, enquiring about the status of the proposed EU-wide ban on gambling advertisements.
- MEP Morace pointed out that unregulated gambling has become a critical problem across the European Union. Misleading gambling ads targeting minors and vulnerable individuals help propagate illegal markets.
- The European Commission is preparing the Digital Fairness Act, which will tackle manipulative digital designs, such as in-game loot boxes and addictive services. This Act reiterates support for safe gambling practices.
Commission Against a Blanket Ban on Gambling Advertisements Across the EU
Despite political pressure and growing social influence on the rise of online gambling, the European Commission has clearly stated its intention of not imposing an EU-wide ban on gambling advertisements. European Commissioner for Justice, Democracy, and the Rule of Law and Consumer Protection, Michael McGrath, confirmed the organisation’s stance in response to a written question from Carolina Morace, Italian Minister of Parliament.
Morace asked the Commission whether it intended to enforce a blanket ban on gambling commercials, similar to those in place for alcohol and tobacco. The Minister highlighted the lack of a uniform EU framework, drawing attention to the Malta Gaming Authority’s Bill 55, which she claims undermines judicial cooperation within the EU.
Replying to the Minister’s query, McGrath said:
“The Commission does not intend to propose EU-level legislation to ban gambling advertising. Such matters are regulated by national gambling laws.”
Morace’s question addresses several serious queries. With 27 different gambling regulators and a thriving online market, gambling is quickly becoming a European issue. The minister pointed toward the increasing rise in misleading gambling ads, directed at minors and vulnerable individuals, resulting in a thriving illicit gambling ecosystem.
The Commission highlighted that existing legislation, namely Directive 2010/13/EU on audiovisual media services and Directive 2005/29/EC on unfair commercial practices, prohibit aggressive and misleading gambling commercials, particularly those targeting minors. However, the member states are responsible for enforcing these directives.
Malta’s Controversial Bill 55 and the Road Ahead
Article 56A of the Malta Gaming Act, popularly known as Bill 55, restricts the recognition and enforcement of foreign-court rulings against gambling operators licensed in Malta. The minister claims this undermines mutual recognition of judicial decisions under a pan-EU initiative.
The EU’s new digital gambling legislation can change the course of regulatory oversight in the region. However, there is a silver lining in sight. Even though a blanket ban on gambling ads is off the table, the Commission is working on the Digital Fairness Act, which aims to tackle manipulative digital designs, including in-game loot boxes and other addictive services.
As Europe’s online gambling industry continues to expand, the EC is stepping up efforts to regulate the industry and rein in unruly operators. The Commission seems determined to avoid overlapping regulations and uphold economic freedom. It is also monitoring harmful practices through digital fairness regulations and consumer protection laws.