German Court Ruling in Line With GGL Stance to Ban Foreign Streamers From Promoting Gambling

Article by : Milena Petrovska Jul 22, 2024

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A popular German gambling streamer based outside the country and promoting illegal public gambling to German viewers has pushed the German Gambling Regulator (GGL) to seek to ban foreign streamers.

The person has been filming themselves gambling on online slot machines, publishing the results of gaming sessions, and targeting German players while doing so.

The case resulted in the GGL issuing a prohibition order against the streamer, who has remained unnamed for the time being. Though, it’s been revealed that the streamer was using the Kick streaming platform to promote their activities.

Now, their stance has been supported by a court ruling by The Higher Administrative Court of Saxony-Anhalt. Namely, the court sided with the regulator and decided that banning foreign-based streamers from promoting gambling was a legal course of action.

It’s interesting to note that under the GGL’s current operations, licensed operators aren’t allowed to advertise through internet streamers. GGL has cited underage gambling concerns as the main reason behind this decision.

Board Member Benter Satisfied With the Ruling

Ronald Benter, a board member of the GGL, was the first to express satisfaction with the latest court ruling. He described the decision as one having a “signaling effect” for other streamers based in foreign countries.

Benter also highlighted how the GGL would implement stronger actions against similar cases. According to his statement, it was necessary to protect minors and players, considering the “special dangers” associated with online streaming.

In the legal case handled by The Higher Administrative Court, a UK Gambling Commission study was cited as a source of relevant information. Namely, the study revealed that streaming was among the most common forms of gambling advertising reaching minors.

The same study also showed that more than one-third (36%) of individuals aged 17 and 18 were exposed to streaming. Among those in the age group of 11-16, the share was even higher, at 47%.

Overall, the German court agreed that Germany’s ban on illegal gambling advertising was in line with European Union legal requirements. The court explained that the ruling was covered under the doctrine of territoriality in international law.

Per that principle, national authorities have the power to decide on matters taking place on their territory. Considering that the streamer was speaking in German and targeting German consumers, the court decided the GGL had a right to impose a ban on the streaming content.

Streamers Causing Headaches to Gambling Regulators Across the Globe

While this ruling is the most recent one, the issue with streamers and gambling promotion isn’t new. In fact, regulators in legal markets have been trying to regulate or completely ban this type of gambling advertising for a while now.

Norway is one recent example. The country’s gambling authority, Lottstift, warned social media platforms about live streaming and online gambling content published through their services.

Before the warning took place, the regulator took action against Schpell.com, a platform offering daily streams, competitions, and vlogs. Various Norwegian influencers were using the platform to advertise online gambling.

Back in 2021, Norway also put into force a ban on any advertising coming from gambling companies based abroad.

Brazil is another example of banning influencers from promoting unregulated gambling activities.

The streaming platform Twitch has also taken steps to impose control over the content published through its streamers. In late 2022, the company announced a full ban on gambling streams offering content from operators that aren’t regulated.