Reforms in the Netherlands: a Step Towards Banning Online Gambling Advertising

Dutch MPs in the Kamer have backed proposals to ban online gambling advertising and tighten a ban on “high-risk” online casino games.

These initiatives were introduced by Socialist Party (SP) MP Michiel Van Nispen as part of the review of the Remote Gambling Act (KOA Act), which was passed by the Kamer in October 2021 to regulate online gambling in the Netherlands.

The Kamer was tasked with considering 114 motions proposed by MPs relating to amendments to market laws, standards and KOA protections, of which 14 were voted on this afternoon.

Van Nispen’s first proposal to completely ban online gambling advertising received 70 out of 150 MPs’ support, short of an absolute majority, but was passed due to the absence of ministers.

Notably, Kamer has reversed her previous position on the issue, rejecting CDA member Derk Boswijk’s proposal in February to “conduct an investigation into a total ban on gambling advertising.”

Thus, the vote shows that Kamer favors a complete ban on all gambling advertising. This is confirmed by the fact that amendments to the KOA introduced in July 2023 have already introduced a ban on gambling advertising on “public platforms” such as television, radio, print media and outdoor advertising.

Addressing the deputies, Van Nispen said the following: “The KOA market is sick through and through. Every day that these companies continue their bad practices, more people become addicted to gambling. As far as we are concerned, it is the end of the story for gambling companies without morals. A ban on online gambling advertisements is another step forward towards a country without bad gambling companies”.

Van Nispen would achieve a second victory as 79 MPs backed a motion to “ban high-risk online gaming”. This movement defined online slots as a vertical where players “have no control over the outcome.”

According to Casinonieuws.nl, both Van Nispen’s proposals were supported by the ChristenUnie, Christian Democratic Appeal (CDA), New Social Contract (NSC), Reformist Party (SGP) and SP parties. These parties have long advocated for reform or abandonment of the KOA market since its inception in 2021.

The SP declared victory, saying: “The House of Representatives today approved our proposal to completely end online gambling advertising. Since the introduction of the gambling law in 2021, hundreds of thousands of new players have arrived in our country.”

In addition, additional proposals were approved to “strengthen control over KOA permits”, allow the use of false IDs before the gambling agency Kansspelautoriteit (KSA) as a license verification tool, and to assess the gambling risk profiles of customers.

Dutch statute gives MPs the right to submit proposals to a vote in the Kamer. However, approval of proposals does not guarantee their passage, as they must be translated into administrative law and receive approval from the Senate.

Particular attention will be paid to the Minister of Legal Protection Frank Weerwind, who is responsible for the reorganization of the KOA market. He plans to take action to introduce laws banning advertising of gambling and online slots.

Today’s vote will lead to increased scrutiny of the KOA market by reformists, who in February won the passage of proposals to introduce a universal loss limit for all 27 KOA-licensed operators, as well as the introduction of tougher fines of 10% of turnover for gambling companies that violate laws and standards.

In response, Minister Weerwind said the government will continue its KOA reform program, which is consulting on introducing mandatory monthly financial risk checks for the accounts of players who spend more than €350.

Additional protections approved by the Ministry of Justice include the introduction of a €150 loss limit on gaming accounts of customers under the age of 24, in an effort to limit spending in the KOA market.

However, the existence of the KOA market is still under threat as the CDA party is drafting a bill to end the law, which they believe has failed to achieve the primary goal of protecting the nation’s consumers and vulnerable populations from gambling addiction.

Regardless of the outcome of the KOA law, it faces major changes in all aspects of the law, forcing Dutch operators to reconsider the structure with which the market was launched in 2021.

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