Dutch Advisory Council relays concerns over untargeted advertising ban

The Advisory Division of the Council of State in the Netherlands has questioned elements of the government’s draft bill on a ban on untargeted gambling advertising.

The proposal from the government to ban ‘untargeted’ advertising for online gambling has arisen following the slew of marketing activity since the market regulated on 1 October 2021.

The government is primarily concerned that said advertising also reaches vulnerable groups such as young people and those suffering from gambling-related harm.

The ban would cover all forms of media, including radio and TV, newspapers and magazines, in public spaces and in publicly accessible places.

While the council noted its understanding behind the reasoning for the ban, it said the government does not fully understand the effects of the legalisation of gambling in the region and the advertising that goes alongside this.

Based on this, the council has stated that the government should explain why it still believes this kind of ban is necessary and how it relates to the advertising policy for other potential activities, such as smoking and alcohol consumption.

As part of its advice, the council has said that various parts of the drafted decree haven’t been elaborated on fully, which it feels could cause complications in terms of enforceability and feasibility.

Overall, the Council states that when the next evaluation of the Dutch market arrives in 2024, the government will then be in a better place to see what effects this legislation will have.

The advertising ban is not the only change the Dutch government is proposing to in relation to gambling regulation in the market.

In November, the coalition government stated that it will look to increase the gambling tax rate from 29% to 29.5% in the 2023 fiscal plan in an effort to bolster the country’s funds.