European Commission Delays Belgium’s Gambling Ads Ban

Belgium’s enforcement of its new gambling ad ban will have to wait. An announcement from the European Commission to extend the existing standstill period follows an application submitted by the Maltese government. The Draft Royal Decree from Belgium reached the European Commission (EC) in May this year and was under the compulsory standstill period, set to expire on 9 August.

Belgian lawmakers, specifically Vincent Van Quickenborne, aim to ban the majority of gambling ads by December 2023, but the news from the EC could lead to unforeseen challenges. Minister Van Quickenborne faced opposition from within his country’s borders regarding the legislation but continued regardless of concerns raised.

The extended standstill period will expire on the 9th of  September 2022.

 Gambling Should Not Be Normalised?

Belgium submitted its Royal Decree on gambling ads regulations on the 8th of May, in line with Minister Van Quickenborne’s intentions. According to the document, gambling ads are omnipresent and pose a risk to public health. 

The region motioned to ban ads that promote gambling on television, radio, social media, and print. The decree states: 

“Advertising normalises gambling in society. Through advertising, gambling is presented as socially and culturally acceptable behaviour and as a legitimate leisure activity.”

Belgium’s government seeks to improve consumer protection by minimising its citizens’ exposure to gambling ads, including sports sponsorships. The document specifically mentions the protection of more vulnerable groups of society, such as youth and those suffering from gambling disorders. 

Minister Van Quickenborne compared gambling to smoking and, despite much push-back from opposing parties and the industry, proposed the advertising prohibitions. If all goes according to plan, the bans come into effect for most of the gambling industry. The only exception is the national lottery.  

Recent announcements from the Belgian government show further changes on the advertising front.

 European Commission Standard Practice

European Member States have the authority to create rules in the absence of EU laws relating to the matter. However, the enforcement faces approval from the European Commission, and there is a compulsory standstill period which the Commission enforces. During this window period, other EU states can challenge the proposed changes. 

Malta acted on its right to challenge the Royal Decree and applied for an extension of the standstill period. Subsequently, the EC announced it granted Malta’s request. This means Maltese authorities have until 9 September to file lawful challenges to Belgium’s proposal. 

Member States can do this if legislations threaten the Union’s rules on the free movement of goods and services. 

 Objections

The exclusion of the Belgian National Lottery in the ad ban raised eyebrows and led to controversial allegations. Beyond the motivation behind this exemption, the government also faced criticism from the country’s trade union, the Belgian Association of Gaming Operators (BAGO), which argued the ban could lead to higher black-market gambling. 

Members of parliament also opposed the Draconian laws, and sports leaders challenged the changes with concerns of revenue losses. Kindred was one operator who challenged the proposals, to no avail. 

Perhaps Maltese authorities have enough firing power to persuade Van Quickenborne and his allies to ease up and adjust the regulations.