Gambling advertising banned from July 1, 2023
In Belgium, major changes regarding gambling advertising were introduced on July 1, 2023. To help you see the wood for the trees, we list all the changes and also provide an overview of what is currently still possible. After all, there are things that will only be banned at a later date.
How did this ban actually get started?
The advertising ban may have come about under pressure from the national lottery. The newspaper “Het Laatste Nieuws” was able to view a letter that would show this. According to the newspaper, in exchange for this ban, the National Lottery would agree to pay an additional 30 million euros to the state.
This claim was denied by the then Minister of Justice and Deputy Prime Minister Vincent van Quickenborne. The national lottery itself also denies having intended it that way. They do state that their monopoly has been affected in recent years by the rise of online gambling.
From January 1, 2028, there will even be a general ban on gambling advertising and the minimum age for all gambling games will be set at 21 years.
In a message on LinkedIn and Instagram, the minister called the gambling providers the gambling mafia, although the ban mainly focuses on legal and licensed online casinos.
Response from then Minister of Justice and Deputy Prime Minister Vincent van Quickenborne:
“We do not bow down to the gambling mafia and restrict gambling advertising. Too many families have been ruined by gambling. 40% of gambling companies’ profits come from people with gambling problems. That has to stop. With this decision we put an end to the devastating tsunami of gambling advertising.”
In a message on the website of the federal public service, the minister explains that the plan to implement the gambling ban has been continued, because both the Council of State and the European Commission had no objections.
Motivation for banning gambling advertising by the judiciary
According to the ministry, problem gamblers are responsible for 40% of the turnover of gambling sites. This is apparently evident from international studies, although they are not linked to this same message. This statement is also inconsistent with several gambling companies that claim to currently earn approximately 3% of their turnover from gambling addicts. The same report also claims that gambling addicts spend an average of 42% of their income on gambling. They also cite a study from 2017, see below.
Message on teamjustitie.be website:
“The Government is seriously concerned about the impact of the enormous amounts of gambling advertising we are confronted with, particularly to minors.
Scientific research, confirmed by a 2017 report by the Supreme Health Council, shows that limiting gambling advertising is a very effective preventive measure to combat gambling addiction.”
According to the justice department, 33% of the intensive gamblers studied were convinced to gamble after emails from gambling companies. The Ministry of Justice states that vulnerable people are the most susceptible to gambling advertising. Namely, just under 30% of job seekers who do not gamble would have stated that gambling advertising could convince them to start gambling.
According to the justice department, these findings could explain an increase in the number of gambling addicts. The number of people who voluntarily placed themselves in EPIS has increased by 70% since 2014. This list was created to protect people with gambling problems, debts or so that you can protect a loved one (partner, family member) from themselves. This list only applies to legal providers who have the necessary license and are therefore affiliated with EPIS. Websites without a license are operating illegally and do not make any effort to combat possible gambling problems.
George-Louis Bouchez, the current chairman of the political party MR, on the other hand, is a fierce opponent of this gambling ban.
George-Louis Bouchez’s response on Twitter:
“The MR completely opposes the draft ban on gambling. That is an excessive measure that will, for example, cause major difficulties for the sports sector. Should football really be destroyed in our country?
Attention should be focused on people with a gambling addiction, who represent a small minority. Liquidating a regulated sector will send those people to platforms on the dark web, without any regulation. This puritanical view makes no sense. The Minister of Justice’s proposal is a very poor response to a real challenge for which there are already measures that can be improved. The MR wants more nuance!”
Not every party was prepared for this plan.
What has been banned in the meantime?
The following forms of advertising have been prohibited in Belgium since July 1, 2023:
- Commercials on television, radio and in cinemas
- Advertisements and video advertising on websites, digital channels and social media platforms
- Advertisements in magazines or newspapers
- Advertising posters in public places
- Personalized advertising via email, post, messaging services, SMS or social media and all advertising materials
In this way, almost all gambling advertising is prohibited in Belgium. Only those who actively look for information about gambling and would like to play will still encounter gambling advertising.
What has been allowed by the Gaming Commission in the meantime?
There are currently still options with regard to social media and the sports sector, as there are transitional measures in place that we will explain in more detail shortly.
What else is still allowed?
- Name and logo on the facade of the casino, arcade or betting office
- Advertising within a casino, arcade or betting office
- Advertising on your own gambling website
- SEO with regard to searching for gambling providers
Slogans, natural or fictional persons may no longer be used in gambling advertising. The use of characters from the casino games themselves is also prohibited.
The depiction of clothing or parts of a body that does not lead to recognition of a person/character is in principle considered not to fall under the prohibition of Article 17.
The preventive message “Gambling can be addictive. Stop in time! More info at www.stopoptijd.be.” replaces the message “Gamble in moderation!” This message as well as the age indication must be stated in every advertisement. But this message should not be mandatory in the context of sports sponsorship when advertising is explicitly limited to the mention of the brand name and/or logo (e.g. on facades).
Advertising on the facades
The advertising placed on the facades of a building in which a gaming establishment is located may not occupy a maximum of 30% of the total facade area and may not exceed 20 square meters. If the design involves multiple facades, the total of the facades will be charged.
Advertising on the window or on the inside of the gaming establishment visible from the outside
For example, on the window or at a distance of 10 cm from the window, which falls under the application of the rules on facade advertising. This falls under the area referred to in Article 7. The same rules apply to flags and signboards.
Displaying logo, brand name or both on facade
This is allowed. No images may be added. No dice, roulette, playing cards or anything else.
Indicative texts will be tolerated for the time being (e.g. sports, poker, roulette, casino, opening hours) provided that they do not exceed the imposed 20 square meters.
What in the case of multiple gaming establishments in the same building?
The surface area of the facade advertising is then calculated per gaming establishment and in accordance with the rules applicable to the relevant gaming establishment.
Communication with purely administrative, informative or news-related content
This is permitted on the condition that games of chance are not promoted in any way or that this incites gambling and therefore does not relate to games of chance.
“This is an informative message”
Stating that communication is purely informative, as in the example above, is not sufficient to also be effectively informative in nature.
“Signposts”
These are not allowed.
Logo and/or brand name on service vehicles
This can be regarded as administrative/informational communication provided that no references are made to the website or to the games of chance themselves (for example by depicting dice, roulette table, etc.)
Advertising within gaming establishments
Online gambling is not allowed to be advertised within the gaming establishment unless the URL itself is part of the brand and/or logo.
Communication about amounts won or to be won in text or images is considered advertising.
Affiliate websites
The system of affiliate websites advertising the licensed websites is permitted, under the conditions of Article 10.
Sports sponsorship
Use of the name of the permit holder in the name of the sports club or sporting event
This is permitted, at least until the end of 2024.
Merchandising
Provisionally permitted unless directed at minors.
Mentioning the logo and/or brand name of the license holder as sponsor
For example, on the website of the sporting event, it is considered sports sponsorship at the place where the sport is practiced and can therefore be permitted until the end of 2024. The same applies to the mention of a logo and/or brand name on sports equipment such as clothing, water bottles, caps, etc.
Advertising for gifts
Advertising gifts offered in accordance with Article 60, paragraph 2 of the Gambling Act is permitted provided that this communication does not promote games of chance or incite gambling.
Transitional measure for social media sponsored posts
Any form of interaction that can be technically disabled on social media platforms (sharing, posting comments, liking) must be disabled. There should also be no call to action that triggers interaction, response and engagement.
Paid forms of advertising (sponsored advertising) are not permitted on social media, except in application of the transitional provision of Article 24 and provided that advertising on social media has been explicitly included in the advertising contract.
What is still allowed is:
- Non-sponsored posts on one’s own social media accounts and advertising on one’s own gambling website.
- SEO advertising for those who specifically search for a gambling provider on search pages
Transitional measure for sports sponsorship
Sports clubs are allowed to display gambling advertising in their stadium until January 1, 2025. After that, banners, posters, advertising panels and spotlights in the stadium must also be abolished.
But there is still an exception to this rule. A gambling company logo may still be shown on sports shirts until December 31, 2027, according to the following rules:
- The logo may not be on the front of the shirt
- The logo may not be larger than 75 square centimeters. (7.5 centimeters by 10 centimeters)
- The logo may not display a slogan
Gambling advertising within the sports sector will not end until January 1, 2028. However, there is once again an exception: Gambling companies may still sponsor amateur sports after 2028 according to the above criteria with regard to the logo. But from then on, the logo within amateur sports will be allowed to be a maximum of 50 square centimeters. By then, it will no longer be tax deductible.
Consequences for the sports sector
Many football clubs from our highest football class have a gambling company as a sponsor. Club Brugge (Unibet), Standard Liège (Circus), Antwerp (betFirst), Union (Lotto, National Lottery), AA Gent (Circus) to name a few examples, but there are many more. And Betway, for example, is currently a sponsor of the Pro League. The entire sector will certainly be damaged by the ban on gambling advertising.
This will also be felt in the cycling sector. Bingoal is the main sponsor of a Belgian cycling team and at Soudal – Quickstep, gambling providers also provide 20% of their total budget, according to CEO Patrick Lefevere. He indicates that he has accepted this final decision, but hopes that equal treatment will be achieved. This obviously refers to Lotto’s sponsorship agreement with Lotto – Dstny.
The consequences are not limited to sports clubs. Viewers may also have to pay more to watch their favorite team and sports live on television. Many sporting events can be placed behind a paywall when income from sponsorship by gambling companies is lost. It is currently still the case that the Champions League matches can be followed freely due to sponsorship from the gambling sector.
National Lottery
In the announcement of the ban on gambling advertising, the ministry indicates that equivalent measures would be taken for the National Lottery, but whether the full package will also apply to them is currently uncertain. The Ministry of Justice states in their statement that the products are taken into account. Another minister must work on developing the ban on gambling advertising for the National Lottery.
Final conclusion
By liquidating a regulated sector, there is a danger that players will seek refuge in illegal casinos, where no regulations and protection for the player apply.
The government has decided to support the proposal to amend the Gaming Act by MP Stefaan van Hecke. This new change in the law should become active from September 1, 2024. It mentions the cumulation ban of different types of games of chance on one website.
And despite reports that it would be the Lottery’s turn next, there have been no further bills in this regard.