CELEBRITY ENDORSEMENTS
by using the voices of famous Dutch people in advertisements in a TV commercial and a podcast. 31 No fines were issued as the Operators ceased using the voices in the advertisements. In November 2022, the KSA issued a warning to the National Postcode Lottery (“NPL”), the country’s biggest charitable lottery, for using a “well-known” Dutch person in advertisements on TV and online for a “Deal or no Deal” lottery game. 32 No fine was issued, but the KSA specified that the ban on Celebrities applies generally for risky games of chance such as online games of chance, but will only apply for less risky games of chance such as lotteries, if that Celebrity has substantial reach among minors and young adults. In June 2024, it was reported that Operator JOI Gaming (“JOI”) was warned by the KSA that it had violated the Celebrity advertising ban. 33 JOI used Celebrities to promote an Operator-sponsored in-person event (“the Event”) by having the Celebrities attend the Event and sign autographs, and also promote the event on social media through the Celebrity-owned and JOI-owned social media pages. 34 The KSA stated that JOI could be fined up to €50,000 per day, up to a maximum of €250,000 if they did not immediately remove the social media posts from the JOI-owned social media pages, and for any repeated violation leading up to or during future editions of the Event, €200,000 per day up to a maximum of €1,000,000. France France has been licensing online sports betting Operators since May 2010, under the regulation of the National Gaming Authority (the “Autorité Nationale Des Jeux” or “ANJ”). 35 In June 2023, the ANJ released guidelines and recommendations for sports partnerships and gambling, where the ANJ made
non-binding recommendations to prohibit the association of an athlete who “belongs to the world of minors.” The ANJ stated that it would monitor whether an athlete’s audience exceeds 16 percent of the 13-17 age group on one or more social media platforms. 36 Shortly afterwards, the French government passed a law that prohibited social media influencers from creating paid content that markets online sports betting websites. 37 Any influencer who violates this provision can be subject to a €300,000 fine and two years’ imprisonment. As of the date of writing, no athlete or influencer has been fined or imprisoned for advertising gambling services in France. Belgium Belgium has been regulating and licensing online gaming since 2011. 38 In March 2023, it was announced that Belgium would ban all forms of gambling advertising that target Belgian residents, including through television, radio, and other audio-visual media, with the only exception being the country’s national lottery. 39 The law explicitly mentions that the use of well-known personalities, such as athletes, actors or influencers, as well as voices of well-known persons, fictional characters, or imitations of a famous voice are prohibited. As of the date of writing, no penalties have been imposed on Operators in Belgium for violating the Celebrity advertising ban. Italy Italy has been regulating and licensing online gaming and sports gambling since 2006. 40 In August 2018, the Italian
31 Kansspelautoriteit, Role model ban is well enforced, October 17, 2022. 32 Kansspelautoriteit, National Postcode Lottery warning for role model use, November 2, 2022.
33 Kansspelautoriteit, Penalty payment order imposed for violating role model ban at Jack’s Race Day, July 12, 2024. 34 Netherlands Gambling Authority decision No. 01.320.471 at paras 88(g), 88(h), and 88(j), July 27, 2024. 35 Law No. 2010 – 476 at Article 21. 36 Autorité Nationale Des Jeux, Sports partnerships and gambling: ANJ presents guidelines and recommendations, June 1, 2023. 37 Law No. 2023-451 at Article 4(VII). 38 Federal Public Service Justice, Royal Decree of 21 June 2011 on the quality conditions that must be met for an additional license regarding games of chance, published July 15, 2011. 39 Federal Public Service Justice, Royal Decree of 27 February 2023 determining the additional rules regarding advertising for games of chance, published March 8, 2023 at Article 9. 40 Legislative Decree No. 223/2006 at Article 38.
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IMGL MAGAZINE | MARCH 2025
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