Could the EU ban online gambling ads?

Malta has opposed a citizen petition for an EU-wide ban on gambling ads

Malta.- There’s been plenty of conflict between Malta and the European Union over gambling regulation, and it seems there’s no end in sight. After plans were mooted for an EU gambling tax, there’s now a proposal for an EU-wide ban on online gambling ads, another measure that would hit the igaming hub of Malta hard.

It should be stressed that unlike the gambling tax proposal, the idea of an EU-wide gambling advertising ban has not yet been proposed by lawmakers. It’s the subject of a citizen petition originating in Cyprus and submitted via the European Citizens’ Initiative (ECI), which allows citizens to call directly on the European Commission to propose legislation.

Nevertheless, some citizen petitions have been taken up and have led to new legislation the EU, from the 2020 update of the EU Drinking Water Directive, obligating member states to improve access for vulnerable groups, to measures on pesticide and food law reforms.

There are also some precedents for EU-wide advertising rules. The Tobacco Advertising Directive bans cross-border advertising, sponsorships and product placement of tobacco products in print media, radio, and the internet. The Digital Services Act (DSA) bans large platforms from showing targeted advertisements based on profiling to underage users, and the Unfair Commercial Practices Directive bans on deceptive environmental claims, making it illegal to use vague or unsubstantiated terms like “climate neutral” or “eco-friendly” without proof. The EU also prohibits direct-to-consumer advertising for prescription-only medicines.

Several countries in the EU already have significant restrictions on gambling ads to varying degrees. Gambling ads are almost completely prohibited in Italy and Belgium, while Poland prohibits ads for most verticals other than mutual betting. Untargeted ads are banned in the Netherlands, while countries such as Spain, Croatia and Ireland have opted instead to impose watersheds, restricting gambling adverts on TV to the nighttime hours.

However, despite existing regulations, several European gambling authorities have complained about the amount of advertising for unlicensed gambling on social media. Meta, the owner of Facebook and Instagram, has been singled out for criticism by regulators from the British gambling Commission to the Dutch KSA. The Dutch gaming industry association VNLOK, recently submitted a complaint about Meta to the European Commission. It argues that Meta isn’t doing enough to prevent illegal gambling ads.

As well as the issue of competing national legislation, EU legislators would have to assess how an EU-wide measure would be monitored and enforced, and whether that would be harder or easier than the current system

Malta’s opposition to proposed EU gambling advertising ban

The Cypriot petitioner calling for an EU ban on gambling ads highlighted the ubiquity of gambling promotions on social media, billboards and other outlets, warning of heightened risks for vulnerable groups such as minors, older adults and those recovering from addiction.

At a petition hearing, Maltese MEP Peter Agius cautioned that an EU-wide ban on online gambling advertising could backfire, driving more players to illegal operators. He argued that such a move would risk undermining consumer protection instead of strengthening it. He also noted that gambling policy largely remains a national competence, with EU oversight focused mainly on misleading or aggressive marketing practices.

Agius cited a 2023 study conducted by Strategy& (PwC) for France’s gambling regulator, the ANJ. The research suggested that illegal operators held a significant share of online gambling markets in several EU member states. According to Agius, problematic gambling behaviour was reported among 66 per cent of customers using illegal sites, compared with 22 per cent of those playing with licensed operators.

“Effective consumer protection is best delivered through a well‑regulated commercial market that enforces age verification, promotes responsible gambling and monitors for problematic behaviour,” he argued.