Marketing: Can we advertise?

Advertising and marketing of gambling overall must be considered to be subject to a restrictive regime and influenced by a number of laws and regulations including the Interstate Treaty on Gambling, the Gambling Acts of the individual states, the Act Against Unfair Competition and specific laws for the protection of children and minors. Online Marketing According to the Interstate Treaty 2021, in general, online advertising of gambling offerings is only allowed for games of chance that can be legally offered in Germany (Section 5 (7) of the Interstate Treaty 2021). Betting: For sports betting, special regulations are provided for in the Interstate Treaty on Gambling 2021. Immediately before or during the live broadcast of sporting events on the broadcasting channel, no advertising for this sporting event may take place. Advertising featuring active athletes and officials is also prohibited. In stadiums and sports facilities, advertising in the form of umbrella brands is permitted on jerseys, boards, scoreboards, and the floor of the playing field (including underfloor advertising in the case of ice hockey). Unlike online casino games, virtual slot machines and online poker (for which advertising is prohibited between 6 a.m. and 9 p.m.), there is no time limit for advertising on television or the internet for sports betting. However, the ban on advertising for virtual slot machine games and online poker is being challenged before the administrative courts. Alongside those general provisions stated in the Interstate Treaty itself, sports betting operators will find more detailed and extensive provisions regarding legal advertising as part of their sports betting licences. Bingo: Advertising for bingo is allowed to the state operator a restricted extent. In particular, the Federal Court of Justice (BGH) has limited the possibilities of advertising jackpot winnings of state-run bingo. Bingo companies may only provide factual information about possible high winnings. The court already declared images of cheering people in the advertising or slogans with the invitation to join in the game to be inadmissible in 2010 (AZ: I ZR 149/08). Casino: The ban on privatised casino offerings and the associated ban on advertising has been heavily criticised under EU law, even prior to the Interstate Treaty 2021 coming into force. In this respect, it is argued that the total ban is disproportionate since it is unfit to achieve the Interstate Treaty objectives, namely consumer protection and the channelling of players towards the regulated market (sec. 1 Interstate Treaty on Gambling) and therefore violates operators’ freedom to provide services (Art. 56 TFEU) under European law. Although casino games may be operated on the internet under the new Interstate Treaty on Gambling 2021, those operations are strictly limited to the number of licensed terrestrial operations. Therefore, it is likely that advertising online casino games by private operators will hardly play a role in future, especially against the background of the advertising ban for online casino games on television and the internet between 6 a.m. and 9 p.m., which also applies to virtual slot machine games and online poker. Lottery: Advertising for the lottery is allowed to a restricted extent. In particular, the Federal Court of Justice (BGH) has limited the possibilities of advertising jackpot winnings of state lotteries. Lottery companies may only provide factual information about possible high winnings. The court already declared images of cheering people in the advertising or slogans with the invitation to join in the game to be inadmissible in 2010 (AZ: I ZR 149/08). Poker: Since poker has become admissible for private operators, the realms for legal advertising were broadened largely. Licensed operators are allowed to promote their products, as far as those that the regulator in Saxony-Anhalt has permitted. Simultaneously, advertising for virtual slot games is assessed and handled. Between 6 a.m. and 9 p.m., advertising for online poker is prohibited on television and the internet.