In a statement dated 17 July, the regulator said: “The GGL prohibits even licensed gambling providers from regularly advertising via streamers by including a corresponding additional provision [in its rules on player protection].”
This follows an 11 July ruling by Germany’s Higher Administrative Court which backed the German regulator’s ban on streamers based outside of Germany from advertising illegal German gambling sites.
Streamer loses case against GGL ban on illegal ads
The case was initiated by a popular German streamer utilising Stake.com-owned Kick, which launched in the wake of popular streaming platform Twitch banning slot streaming in 2021.
The unknown streamer had sought to fight a prohibition order by the GGL for advertising illegal gambling sites in Germany via their online streams.
But the court ruled in favour of the GGL, noting its rule was supported by international law which stipulated the content was aimed at German-speakers and therefore triggered Germany’s regulatory powers.
Similar cases have seen streamers convicted in the past for supporting illegal sites. YouTuber and streamer Ron Bielecki was fined €480,000 in 2023 for marketing illegal sites via streaming giant Twitch.
Streaming shows “emotional” side of gambling
Slot streams display gambling “on an emotional level”, meaning it can be perceived as an everyday occurrence, the GGL said. It argued streaming carried the highest risk for minors of any form of gambling.
This is reflected in data from Great Britain. In 2022, the GB Gambling Commission reported up to 36% of 17- to 18-year-olds and 47% of 11- to 16-year-olds were exposed to gambling streams as their primary form of gambling advertising.
Leading streaming site Twitch initiated a ban on unregulated gambling sites in October 2022, following pressure from the German regulator.
At the time the platform told its users: “Starting 18 October, we are further tightening our rules also to prohibit any streaming of listed sites that contain slots, roulette and dice games and are unlicensed in the US or other jurisdictions that offer consumer protections like deposit limits, waiting periods and age verification systems.”
“The decision has a signalling effect,” GGL board member Ronald Benter said in the wake of the most recent ruling. “In the future, the GGL will take even stronger action against streamers based abroad. This is particularly necessary to protect players and minors due to the special dangers inherent in streaming.”
A spokesperson for the German casino trade body Deutscher Online Casinoverband (DOCV) hailed the ruling and the GGL’s increased compliance as “a success that will make it less easy for foreign streaming services in the future”.
“However, the question remains as to how millions of daily streams can really be stopped in terms of enforcement. Monitoring is very difficult.”
The black market in Germany is still the biggest challenge facing the regulated market, the DOCV told iGB earlier this month.
Stakeholders have been extremely critical of the regulator’s handling of the unregulated sector, but it has faced various legal setbacks in its efforts to improve channelisation. This includes various legal challenges in trying to enforce IP blocking rules for illegal operators, which was stopped earlier this year.
Original article: https://igamingbusiness.com/legal-compliance/regulation/german-gambling-streaming-ban/
