German Higher Administrative Court upholds GGL’s decision to ban offshore streamer gambling ads

Garance Limouzy July 17, 2024

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German Higher Administrative Court upholds GGL’s decision to ban offshore streamer gambling ads

The Higher Administrative Court of Saxony-Anhalt (OVG Sachsen-Anhalt) upheld the German gambling regulator, GGL, in its decision to ban gambling advertisements from offshore streaming platforms. The GGL had decided to prohibit a streamer based abroad from advertising unauthorised online gambling targeting Germany.

A strong signal

Ronald Benter, the GGL board chairman, welcomed the OVG’s decision, stating, “The decision sends a strong signal! The GGL will intensify its actions against foreign-based streamers. This is particularly mandated by the need to protect players and minors due to the inherent dangers of streaming.”

Targeting the German market

The GGL, in a released statement, recounted that a well-known German streamer residing abroad was using online platforms, such as Kick, to promote illegal gambling, including filming himself playing slot machine games.

The streamer appealed the decision, but the OVG upheld the GGL’s ruling. The court indicated that since the streamer was producing content in German, directed at a German-speaking audience, and primarily attracted viewers from Germany, it justified the application of German regulatory legislation. The court concluded by saying that the GGL’s previous ruling was compliant with both German and European legislation, as “restrictions of fundamental freedoms can be justified for compelling reasons of public interest”.

Protecting minors

In its press release, the GGL warned that it will continue scrutinising streamers’ content, noting that streaming creates “emotional engagement” with gambling and its “normalisation”.

The GGL also stated that controlling what streamers can publish, whether residing in Germany or offshore, is part of their mission to protect minors, as streaming is the most effective form of advertisement for minors.

To back up this claim, the GGL cited a UK Gambling Commission survey from 2022 on minor gambling participation. The survey revealed that 36% of 17 to 18-year-olds and 47% of 11 to 16-year-olds were exposed to streaming as the primarily?form of gambling advertising, leading to underage gambling and addiction. This is why, the GGL statement reads, even licensed gambling providers are regularly prohibited from advertising through streamers.

Regulating advertising

In 2023, the Higher Administrative Court of the State of Saxony-Anhalt was tasked with reviewing the GGL’s proposed measures regarding their ability to enforce gambling advertising rules. The court sided with the GGL and ruled that the regulator could enforce bans on continuous advertising broadcasts, advertising for free online casino games and virtual slot machine games, influencer marketing, advertising by streamers, and affiliate advertising with partners who also advertise illegal gambling.