Meta is facing growing pressure over illegal gambling advertising on its platforms. Dutch gambling trade association VNLOK has taken Meta to court, alleging the “large-scale dissemination of illegal gambling advertisements via Facebook and Instagram”.
The legal action follows a complaint the association filed with the European Commission in June, in which VNLOK raised concerns over illegal gambling advertisements appearing on Meta’s platforms.
The lawsuit comes amid an active debate over potential changes to gambling legislation in the Netherlands. The country’s House of Representatives is considering a proposal to give the Dutch gambling regulator Kansspelautoriteit (KSA) the power to fine online platforms that fail to take sufficient action to prevent the spread of illegal gambling advertisements.
VNLOK is asking the court to establish that Meta is “not complying with its obligations under the European Digital Services Act (DSA)” and to order the company to strengthen measures aimed at preventing illegal gambling advertisements targeting consumers in the Netherlands.
The association stressed that its lawsuit is “not directed against social media as such, but against the facilitation of illegal offerings”.
VNLOK Chair Björn Fuchs said: “We have repeatedly pointed out the scale of the problem to Meta and asked them to cooperate structurally in finding a solution. That has yielded insufficient results. Therefore, we are now submitting the case to the Dutch courts.
“At the same time, we see that the House of Representatives is also explicitly putting the responsibility of platforms on the agenda. That is an important signal. Illegal gambling providers can only reach Dutch consumers by using the infrastructure of large online platforms.”
According to VNLOK, its investigations found that more than 90% of the gambling advertisements examined on Facebook were linked to illegal operators. Meta removed only 11% of the illegal advertisements identified in May, while the figure stood at 15% in June.
The association said that removing advertisements after they have already been published is often too late, as such ads remain publicly accessible for only a short period. VNLOK is therefore calling on Meta to “act more proactively and efficiently” by preventing such advertisements from appearing on the platform in the first place.
The House of Representatives is also considering a motion by Bikkers and other MPs. It proposes establishing in law that online platforms such as Meta can themselves be held in violation when illegal gambling advertisements remain visible after repeated reports. Under the proposal, the KSA would be granted the power to impose fines or issue orders subject to penalty payments for non-compliance.
VNLOK is also calling on the KSA to take stronger action under the existing legal framework against companies and other parties that facilitate illegal online gambling, rather than waiting for new regulations to be adopted.
Fuchs added: “The Gaming Authority already files many reports with platforms. But when we see how many illegal advertisements appear online despite those reports, it is time to take the next step.
“The regulator must hold parties that play a role in reaching Dutch consumers with illegal offerings more emphatically accountable for their responsibility. No legislative amendment is needed for this; the regulator already has those legal options.”
VNLOK believes that other platforms that help illegal operators reach Dutch customers should also be held accountable.
Fuchs said: “Meta is currently the party we are taking legal action against, but the problem is broader. If an illegal provider is removed via one platform, the same provider pops up again via another channel. Then we are constantly playing catch-up. All parties in this chain must take responsibility.”
He continued: “Politicians can set clear rules, the Gaming Authority can enforce them, and platforms can deploy their systems to stop illegal offerings. Those three must now come together.
“We are not waiting any longer and are placing Meta’s responsibility before the court. At the same time, we expect the regulator and other platforms to take their responsibility as well.”
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