Alan Littler is Legal Director at
Franssen Tolboom which is the only firm in the Netherlands with a multi-disciplinary team with a dedicated focus on gaming,
gambling and related sectors. As such, the team is at the forefront of developments regarding the licensed remote gambling regime.
DR ALAN LITTLER Legal Director,
Franssen Tolboom Attorneys at Law
Te Netherlands has introduced a ban on untargeted advertising, which entails that advertising for remote gambling can only take place online when conducted in line with three cumulative conditions. Under this regime, after July 1, 2025, it will no longer be possible for operators to sponsor sports teams and competitions in the traditional sense.
During IAGA's 2025 Annual Summit I'll have the honour of moderating the panel: “To Ban or Not to Ban: the Current State of Advertising Restrictions and the Potential Implications for the Rest of the Industry". Te scope of the panel will be broader than advertising for sports betting alone, as it will address questions around advertising for gambling in a broader sense. Nevertheless, sports betting advertising is an essential component of this broader issue.
Whilst it is hard to do justice to all interests and arguments within a short space, my view is that gambling advertising, including that for sports betting, should not be banned. Naturally, a prohibition is itself a form of regulation, but I would argue that sports betting advertising should not be subject to such an “all or nothing” regulatory approach. Ideally it should be subject to a set of regulatory requirements which seek to balance various legitimate interests and concerns, whilst doing so in a considered manner through clear requirements. In practice, there may well be those who will view such an approach as a compromise. Whilst an all or nothing “winner takes all” approach is ideal on the pitch this does not necessarily translate to matters of regulation.
Gambling, including gambling regulation, is frequently a topic on which many will have a strong opinion, one way or the other. Perhaps those from the British Isles would consider it to have something of a “Marmite effect". Large volumes of advertising, particularly that which is perceived as being “in your face", even if compliant with time, place and content related requirements, will often drive negative sentiment amongst the public. Tis may then combine with other touchpoints of dissatisfaction as to how gambling is regulated
and how a particular market behaves. Advertising, and sports betting advertising, then become part of a bigger equation. It may become difficult to disentangle advertising matters from a broader cacophony of anti-(remote) gambling sentiment. Is this inevitable? Can sports betting advertising be addressed in a way which makes it palatable to a larger number of people?
Te Netherlands has introduced a ban on untargeted advertising, which entails that advertising for remote gambling can only take place online when conducted in line with three cumulative conditions. Under this regime, after 1 July 2025, it will no longer be possible for operators to sponsor sports teams and competitions in the traditional sense. Operators’ logos will be banished from jerseys, venues and thus from the public sphere in general. Tis reflects a broader discussion as to what the purpose of gambling advertising is; is it to channel demand to the licensed market, away from illegal offerings, or is it to enable licence holders to compete for a bigger slice of an ever- increasing pie? Or some mix of the two? Tis is a question which each jurisdiction must answer for itself.
A full prohibition on sports betting advertising, or all gambling related advertising, will only serve to feed those who operate outside of the licensed regime and the regulatory protections which it affords. If regulatory regimes do not leave sufficient oxygen for the licensed market to operate at an acceptable level, then their objectives will shrivel in a dark corner. Regulation must balance interests, some of which will be competing, and as a part of this (sports betting) advertising must be placed within the broader context of regulatory objectives and requirements. Advertising will then be able to play its role in the achievement of these regulatory objectives.
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