Council of State Rules in Favour of the Dutch Gaming Authority in an Appeal Concerning Texts for Games of Chance

January 25, 2020 | Government

THE HAGUE, Netherlands — The Council of State, the highest administrative court, ruled in favour of the Gaming Authority (Ksa) in a case about appealing texts for games of chance. The highest court agrees with the Ksa that a promotional text is equivalent to advertising.

This means that the publication of a promotional text falls under the promotion of games of chance. The law prohibits this if the game of chance in question does not have a license.

The Ksa had previously imposed an order for incremental penalty payments on Content Publishing Limited in Malta. This company published promotional texts for online gambling on various websites. They are by definition illegal in the Netherlands, pending the entry into force of the Remote Gambling Act.

From the Content Publishing websites it was possible to click through to the sites where the online games of chance could actually be played. With the order for incremental penalty payments, the Ksa wanted to ensure that Content Publishing would stop this activity; insufficient response was given to earlier warnings from the Ksa.

Editorial Information

Content Publishing argued with the District Court of The Hague that the Ksa interpreted the prohibition of promotion in the Gambling Act too broadly and that it concerned ‘editorial information’. The court did not agree with this. In its ruling, the court stated that ‘it appears sufficiently that the primary objective (..) was to forward potential players to providers of online casino games’ and that the Ksa rightly regards this as promoting gambling.

Social importance

The Council of State ruled in favor of the Ksa this week. Content Publishing also failed to hear the appeal against the disclosure of the decision by the Ksa. The Ksa considered the social interest of informing the consumer about, or warning of, commercial practices that violate the Gambling Act, outweighing the importance of Content Publishing to prevent disclosure.

Also see

Judge: promotional text for online gambling is advertising

Council of State ruling

SOURCE: De Kansspelautoriteit.


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