Dutch Minister Defends KSA’s Enforcement Strategy for Gambling Ad Ban

Franc Weerwind, the Dutch Minister of Legal Protection, has suggested that engaging gaming operators in discussions may be more effective than imposing fines in enforcing the forthcoming advertising ban, set to commence on 1 July.

Weerwind’s comment comes in response to doubts raised by politicians regarding the stand of René Jansen, chairman of the Dutch gambling regulator Kansspelautoriteit (KSA). Jansen has refrained from committing to immediate enforcement actions once the ban takes effect.

Mirjam Bikker, Michiel van Nispen and Anne Kuik, members of the House of Representatives, posed questions to Weerwind in writing. They have been vocal critics of the online gambling sector in the Netherlands and suggested that the KSA could set a “clear and predictable” standard by penalizing every violation.

Weerwind reiterated that the primary goal of the gambling ad ban is to ensure effective regulation and enforcement. He said, “In order to achieve this, invisible measures, such as norm-setting talks, are often more effective than imposing a fine. This does not change the fact that violations can be punished in the form of a fine. The KSA will decide the most appropriate intervention, with obvious violations dealt with more strictly.”

Defending the KSA’s approach, Weerwind mentioned that the authority is taking its time to understand the practical implications of the ban and devise an effective enforcement strategy. “Experience has shown that the KSA’s working method of first conducting norm-setting discussions before proceeding with enforcement is effective,” he added.

The ban on untargeted ads, first announced by Weerwind in July 2022, is set to be enacted in a few days. It mandates a ban on all broadcast television, radio and billboard advertisements. However, the ban permits internet gambling advertisements and on-demand television under certain conditions. The primary condition is that the operators must ensure that these ads do not reach individuals under the age of 24, with evidence required that at least 95% of the advertisement’s audience is 24 years or older.