German Court Says No To Gambling Content Creators

Article by : Erik Gibbs Jul 22, 2024

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Germany’s online gambling market is experiencing significant regulatory changes. Recently, the Higher Administrative Court of Saxony-Anhalt decided that foreign content streamers could be banned if they advertise unlicensed gambling services to German viewers.

This ruling came after the Joint Gambling Authority of the Länder (GGL) challenged a well-known German streamer based abroad, who was found promoting slot games not licensed in Germany. Influencers promoting gambling content has come under fire in a number of countries, including Germany, Italy, Spain and more.

The court emphasized that such content, created in German and mainly consumed by a German-speaking audience, falls under the principle of territoriality in international law. Consequently, the individual must comply with German regulations, even though they don’t reside in the country.

The court also noted the potential risks to minors, who often comprise a large part of the streaming audience. Given that streaming serves as a form of advertising, the GGL has expressed concerns about its specific dangers regarding player protection.

Ronald Benter, a GGL Board member, stressed the significance of this decision, stating, “The decision has a signal effect! In the future, the GGL will take even stronger action against streamers based abroad. This is required in particular by the protection of players and minors due to the special dangers that are imminent with streaming.”

The GGL is currently conducting a study on the impact of gambling advertising on the public, set to conclude in 2026. This study will focus on whether vulnerable groups are influenced by various forms of advertising, including TV commercials, social media ads, and customer bonuses.

In other news, Reiner Moser, a Minister from the Bundesland of Baden-Württemberg, has become the new chairman of the GGL as of July. This leadership change marks a new phase in the GGL’s mission to regulate Germany’s gambling industry. The GGL, Germany’s unified gaming regulator, was established several years ago when the country introduced comprehensive gaming regulations.

This ruling and the ongoing study highlight the GGL’s dedication to maintaining a safe and regulated gambling environment, particularly concerning online streaming. The decision sets a clear precedent for future cases involving unlicensed gambling promotion by overseas streamers.