GGL clarifies advertising rules for online gambling

Germany's Glücksspielbehörde der Länder (GGL) published new guidance on the rules for advertising online gambling, the regulator said. The FAQ was published on 30 September, the date of Germany's national action day against gambling addiction, and addresses advertising via social media, streaming formats and affiliate arrangements. According to the GGL, advertising for legal gambling in Germany is permitted in principle, subject to various statutory restrictions.

The GGL said the advertising rules also serve the aim of channelling players to the legal gambling market. People who already intend to gamble should be pointed to legal online casinos, and advertising is therefore necessary within certain limits for channelling to the legal market, according to the regulator.

The rules apply beyond traditional forms such as television, radio and online advertisements, the GGL said. The regulator said it also monitors streaming formats, affiliate partnerships and other forms of digital marketing. Content that at first sight resembles personal lifestyle content can in certain cases be classified as advertising, with the assessment made case by case, according to the GGL. Social media fall under the advertising rules as well, and the GGL stated explicitly that advertising for legal gambling on TikTok is not prohibited, subject to the same statutory conditions as other media channels. Gambling advertising may not be placed on channels aimed particularly at minors.

General rules apply to all forms of gambling advertising for the legal offering, according to the GGL. Advertising may not target minors or comparably vulnerable groups, may not play down the risks of gambling or addiction, and may not present gambling as a way to solve financial problems. Additional restrictions apply to certain games: between 06.00 and 21.00, no advertising for online slots, online poker or online live casino games may be made via internet and radio. For sports betting, no advertising for bets on an event may be made on a channel broadcasting a live sports event immediately before or during the broadcast, and active athletes and sports officials may not be used for sports betting advertising.

The GGL also said that an operator on the official whitelist is not automatically permitted to make every form of advertising. For legal operators too, individual advertising must comply with the rules on content, form, timing and distribution, according to the regulator.

In the FAQ, the GGL also explained how consumers can check whether a gambling operator holds a German licence, by consulting the regulator's official whitelist. The GGL called on consumers to report possible violations and asked them to include as much information as possible, such as a screenshot, the URL or domain, the operator's name, the date, and the time and medium in which the advertisement appeared.

GGL chair Ronald Benter said it is important to make clear which rules apply to gambling advertising and what player protection goes with them.