Gambling advertising ban - yes or no?

Gambling advertising is a controversial topic. When it comes to protecting people from gambling addiction, advertising is quickly cited as a problematic aspect. It is feared that advertising entices people to gamble and thus exposes them to the dangers of addiction who would not have gambled without this advertising. On the other hand, advertising also has positive aspects and can even be seen as prevention in certain circumstances.

Pro: Ban on gambling advertising

Those in favour of a total ban on gambling advertising have convincing arguments, such as protecting young people and groups at particular risk of addiction from the temptations of gambling. If gambling appears "normal" because of its constant presence in advertising, it will be easier to start and it is possible that more people will be exposed to the risk of losing control of their gambling behaviour. In sport in particular, there is a risk of creating the impression that sporting events are automatically associated with sports betting. As many young people are involved, who are considered to be particularly risk-averse and therefore at risk of addiction, this association is particularly reprehensible.

Bets and games in the virtual arcade offer the same temptation to increase the stakes in the event of a loss in order to "win back" the money. The hope of big winnings, which is fuelled by advertising, has the potential to reinforce this behaviour. Consistent prevention of gambling advertising can significantly reduce the presence of games in everyday life.

Advertising does not only confront people who already gamble with gambling. People who had no intention of gambling are also exposed to advertising and are usually unprepared. This puts at risk a large number of people who would not be affected in the absence of advertising.

• A strict ban on gambling advertising should lead to a reduction in gambling addiction.
• People who have no previous experience of gambling should not be encouraged by advertising.
• In particular, adolescents and young adults should be protected from gambling advertising.
• Gambling should not be seen as something commonplace because of constant advertising.

Contra: Ban on gambling advertising

Opponents of a general ban on gambling advertising argue that the principles of the market economy are violated if legal offers cannot be legally advertised. If gambling advertising is banned, it is not only the casinos that will suffer. Media companies will lose revenue because gambling operators are a solvent group of customers for these companies. In sport, gambling sponsors help to ensure that clubs remain competitive and that major events can be staged at a high level.

A very strong argument in favour of gambling advertising is the fact that legal offers are allowed primarily to prevent people from gambling with illegal operators. These legal offers must be allowed to be advertised, otherwise the illegal gambling operators would reach more people by advertising in legal grey areas than the legal and much safer operators would be able to do. Therefore, it can even be seen as an addiction prevention measure to use targeted advertising to draw people's attention to legal gambling providers that adhere to strict player protection guidelines.

• Advertising bans are too restrictive of economic freedom.
• Media companies and sports clubs suffer financial losses as a result of advertising bans.
• Gamblers will increasingly turn to illegal providers if they cannot be made aware of legal offers through advertising.
• Not advertising gambling does not reduce the risk of addiction.

Would a complete ban on gambling advertising be legally permissible in Germany?

When it comes to the question of whether a complete ban on gambling advertising would be compatible with the laws in force in Germany, various arguments can be put forward. If legal offers cannot be advertised, players cannot be made aware of them effectively and are therefore more susceptible to illegal gambling opportunities.

Furthermore, an advertising ban is a significant restriction that the legislator must justify. Opponents of advertising bans argue that legal goods and services can of course be advertised. Even if they can potentially cause harm, advertising is allowed if it follows certain guidelines. For example, chocolate bars or fast food may not be labelled as "healthy", but there is no ban on advertising these products.

Tobacco, on the other hand, is now completely banned from advertising. The difference with the above examples is that tobacco has been shown to cause active and passive harm. When it comes to advertising bans, we are basically in a grey area that needs to be considered from many angles. This is very much the case with gambling. However, the fact that advertising can help to draw attention to the difference between legal and illegal gambling and to strengthen legal operators is a strong argument against banning gambling advertising.

Are there gambling advertising bans in other countries?

Across Europe, gambling and its associated dangers are coming under increasing scrutiny. The argument for comprehensive government restrictions in many countries is that gambling addicts and those at risk of addiction do not have sufficient means to protect themselves from gambling advertising in public spaces. It is also argued that children and young people should not be given the impression that gambling is a normal part of our society. When we talk about tightening gambling laws, two countries in particular stand out, apart from Germany:

1. Italy has one of the strictest laws on gambling advertising. The so-called "Dignity Decree" banned all gambling advertising from 2019. The only exception is the national lottery.
2. Belgium has recently drastically tightened its laws, banning gambling advertising in the media and in football stadiums.

In most other countries, there are partial restrictions aimed specifically at protecting young people. For example, advertisements for virtual casinos and sports betting may only be broadcast late at night and may not be specifically targeted at teenagers and young adults.

Conclusion

In many countries, gambling laws and guidelines for gambling advertising have been significantly tightened in recent years. However, a complete ban on gambling advertising in Germany would be a boon for illegal operators. Instead, experts recommend that gambling advertising should continue to be allowed within strict guidelines, in order to draw attention to legal options. This would make it easier to control people's gambling behaviour and minimise the risk of addiction.

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