The Constitutional Law Committee of Finland has issued a statement warning the parliament about the shortcomings of the proposed new Gambling Act. The committee has highlighted key sections governing the marketing of gambling products and services, claiming they lack precision and requesting immediate clarity before the bill is passed into law.
Finland’s Constitutional Law Committee Warns Parliament About Gambling Act Shortcomings: Main Highlights
- The Constitutional Law Committee states that the Gambling Act must comply with its observations on Sections 51 and 52. Section 51 defines the rules of gambling advertisement, while Section 52 lists the prohibited practices.
- The Committee has flagged the definition of “moderate marketing,” stating that the “Administrative Committee must clarify the concept” before the draft bill can be passed into law.
- The Committee criticised the general clauses of Section 52, claiming that they are unclear and require clarification or complete elimination.
Constitutional Committee Flags Problematic Areas
According to the Finnish Constitutional Law Committee’s proposal to the parliament, the reformed Gambling Act will be passed “only if the constitutional observations made by the committee on Sections 51 and 52 are duly taken into account.” The committee notes that Sections 51 and 52 of the Gambling Act “cannot be considered sufficiently precise” and requires clarity for it to be pressed into law.
Section 51 of the Gambling Act lays out the general rules for advertisements for online casinos for Finnish players, while Section 52 defines prohibited practices, including a ban on certain types of affiliate marketing and restrictions on direct marketing without consent. The committee highlighted the term “moderate marketing” as vague and problematic.
“In the opinion of the Constitutional Law Committee, the proposed expression of moderate marketing remains so open that it cannot be considered sufficiently precise in the regulatory context currently under assessment,” the committee noted. “The Administrative Committee must clarify this concept. Such a change is a prerequisite for the consideration of the proposal in the ordinary legislative procedure,” the opinion reads.
The committee further criticised the general clauses of Section 52, claiming that they are “so open that, due to the precision and strictness required when restricting fundamental rights, [they] should be clarified or deleted.” However, it opined that despite the shortcomings, the marketing regulations concerning online gambling in Finland are legal under existing law.
Provided that the committee’s observations are addressed and the shortcomings resolved, “The proposed regulation on the restriction of marketing can, despite its partial scope for interpretation and its broad scope, be considered generally acceptable under constitutional law,” the opinion stated.
Reformed Gambling Laws and Their Impact on the Finnish Industry
The Finnish government has already taken proactive measures, such as banning gambling ads targeting minors, as part of a broader effort to reform the sector. The Constitutional Law Committee’s observations regarding Sections 51 and 52 of the Gambling Act will further bolster consumer security.
The Law Committee’s opinion has been forwarded to the Administrative Committee, which must now carry out the suggested changes before the draft bill can be passed into law. The Gambling Act aims to revolutionise Finland’s gambling industry by ending the state’s monopoly, thus opening the market to licensed private operators.
The reformed legislation proposes amendments to 13 laws and abolishes outdated provisions to accommodate the evolving remote gambling sector. The law is anticipated to become effective from 1 January 2027, although some provisions may take effect earlier in 2026. Apart from introducing restrictions on gambling advertisements, the bill introduces safeguards, such as mandatory player registration and identity and age verification.
Finnish authorities have been strictly enforcing the law. The National Police Board recently prosecuted social media influencers for promoting illegal casino sites. The Constitutional Law Committee welcomed the government’s actions, noting that they are “constitutionally justifiable” under the provisions of Finland’s Constitution, which reminds lawmakers to promote public safety.