National Lottery: advertising and bonuses under high tension  

In Belgium, advertising for games of chance is more than just a marketing issue. In recent months, the rules governing advertising have led the authorities to clash over a central issue: should the National Lottery receive preferential treatment compared with other games of chance?   

Advertising for games of chance called into question  

For several years now, Belgium has been tightening the rules governing gambling advertising, including a Royal Decree that came into force in 2023 and aims to drastically limit all forms of gambling advertising (adverts, posters, social media, etc.). The objective is clear: to protect the public, avoid unnecessary exposure and reduce the risk of addiction and excessive gambling.  

Within this framework, advertising for games of chance – with the notable exception of certain National Lottery activities – has been severely restricted. Certain forms of promotion are now prohibited, such as television or digital advertising that may reach a vulnerable audience, or the use of personalised messages or well-known voices to encourage gambling. 

On 11 December 2025, the Belgian Constitutional Court handed down a long-awaited ruling on a number of measures introduced by the Gambling Act of 18 February 2024, including advertising, the minimum age requirement (which was to be raised to 21) and the ban on bonuses.  

The majority of the new provisions were found to be compliant, but the Court highlighted discrimination in the application of certain rules against National Lottery games. It found that certain online games offered by the Lottery were exempt from protective measures that apply to all other gambling operators, creating an unequal situation contrary to the principle of equality before the law.  

In other words, the legislator introduced protective rules (minimum age, advertising, bonuses), but did not apply them uniformly to all the National Lottery’s digital products. The Court considers this to be discriminatory and calls on Parliament to correct this inequality by 31 December 2026.  

The ruling does not abolish these measures immediately, but it does impose a political and legal obligation to level the playing field for all players. This could eventually mean that the National Lottery will have to comply with the same restrictions as a private operator or an online betting platform.  

What sets the National Lottery apart? 

The National Lottery is a special institution. A public body controlled by the Belgian State, it has been organising lotteries, draw games, instant games and competitions for decades within a strict legal framework, with profits going to public and social causes.  

Traditionally, the Lottery’s products have been perceived as less aggressive or less “addictive” than other games of chance, which has served as justification for their separate legal treatment. The institution’s CEO has himself stated that regulation is necessary but that Lottery games present less risk in terms of addiction.  

However, legal and academic critics point to a paradox: some Lottery games bear a strong resemblance to online games run by private operators, which raises questions in terms of regulatory consistency and fair competition.  

What are the issues for players and society?  

The debates surrounding gambling advertising are not limited to commercial or marketing issues. They touch on profound social issues: the protection of vulnerable people, the prevention of addiction, and the responsibility of public and private players in disseminating messages likely to influence behaviour. 

While some experts believe that a total ban is the most effective way of protecting the public from the risks associated with gambling, others stress that informing players about legal and safe offers is essential in the fight against illegal sites. Other European countries, such as Italy and Spain, have already experimented with very strict bans.  

In the case of Belgium, the unique legal situation of the National Lottery and its public role make this debate a delicate issue, where the protection of citizens, the principles of competition and economic freedoms are intertwined.  

What could change between now and 2026  

The ball is now in the court of the Belgian legislature. The decisions to be taken before the end of 2026 will have to reconcile the requirements of the Constitutional Court, legal certainty and public health objectives.  

For players, this could mean less omnipresent and more responsible advertising, whatever the operator concerned. For the National Lottery, it could mark the end of a special legal regime whose existence is now being challenged on the basis of the constitutional principles of equality and non-discrimination. 

The coming months promise to be decisive for the future of games of chance and their advertising in Belgium – a debate which, far from being closed, goes to the heart of individual freedoms as well as collective protection.