Compliance Updates
Update: Eurosport Fined for Gambling Ads

On September 16, 2021 the National Police Board (“NPB”) imposed a prohibition order and conditional fine of EUR 800,000 for Eurosport SAS (“Eurosport”), a pan-European sports network established in France, for broadcasting gambling advertisements on the Finnish language version of Eurosport 1 television channel.
According to our sources, prior to this the NPB had twice approached Eurosport arguing they infringe the Finnish Lotteries Act marketing prohibitions and requested the actions to be ended. Eurosport remained passive throughout the process until October 27, when they informed the NPB that in their view the decisions of September 16 were “manifestly incorrect”. Eurosport added that they will comply with the NPB’s request for now and they will not broadcast commercial gambling advertising on Eurosport 1 in Finland for the period of three months starting from October 28, 2021. Eurosport notified the NPB of their intention to appeal the NPB’s decisions of September 16 and the Helsinki Administrative Court confirmed that Eurosports appeal was filed October 28 and it is currently pending.
The subject matter of the case is interesting. The NPB makes a convincing case that Eurosports gambling advertisement is infringing the Finnish Lotteries Act. However, their argumentation regarding Audiovisual Media Services Directive (“AVMSD”) is less convincing.
The country of origin principle (“CoO principle”), according to which each EU Member State is legally responsible for all audiovisual media services originating from its own country, is a cornerstone of the AVMSD. Article 4 lays down exceptions to the CoO principle and defines the procedure which must be followed if a Member State is to take action against a media service provider established in another EU Member State.
With regarding to the AVMSD, the NPB would have to at the very least notify the EU Commission pursuant to Article 4 (4) of their intended actions and to substantiate the grounds on which its assessment is based. The EU Commission would need to decide that the measures are compatible with EU law. That has not been the case here.
The NPB argues that the AVMSD does not intend to harmonise gambling advertising in the EU and thus the CoO principle or Article 4 procedures do not restrict them taking direct action against Eurosport.The NPB’s argumentation is based on the recital 10 of the consolidating directive of 2018 which states that the AVMSD does not affect a Member State’s competence to decide on national approach to gambling advertising presumed that the measures taken are justified, proportionate to the objective pursued and necessary under the EU law.
As it is not stated anywhere in the AVMSD (original or consolidated version) that gambling marketing is excluded from the scope, the NPB’s argumentation appears at least questionable. If the Helsinki Administrative Court comes into a similar conclusion the case will fall apart.
The article has been written Antti Koivula, Consulting Legal Advisor at Legal Gaming.
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Baltics
Aviatrix granted certification in Estonia

Aviatrix has received certification to offer its award-winning crash game to operators in Estonia.
It marks the latest regulated market that Aviatrix has entered into, with the game already live in the country with leading brand FenixBet.
Anastasia Rimskaya, Chief Account Officer at Aviatrix, said: “Securing certification in Estonia is another exciting step forward for Aviatrix as we continue to expand into regulated markets. We’re thrilled to already be live with FenixBet and look forward to delivering our innovative crash game experience to even more players in the country.”
Aviatrix has added a host of regulated markets over recent months, including Spain, Colombia, Brazil and Peru.
It underlines the team’s commitment to bringing the game to players around the world.
Aviatrix is a constantly evolving game, with regular feature updates for partners, including the recent launch of free bets, now available through in-game promo codes.
The post Aviatrix granted certification in Estonia appeared first on European Gaming Industry News.
Compliance Updates
KSA: Fine of €734,000 Imposed for Breach of Duty of Care

The Dutch Gambling Authority (KSA) has for the first time imposed a fine of €734,000 on one of its licensees because the company failed to adequately protect young adults against excessive gambling and gambling addiction.
Gambling companies have a duty of care and must protect players as much as possible against excessive gambling and gambling addiction. According to the KSA, the provider in question has not sufficiently complied with this duty of care and will be fined for this.
The KSA started an investigation after signals about large losses suffered by young adults. In this investigation, a selection of 10 of the player files with the largest losses were examined at the provider, whereby violations were found in all files. These were young adult players (18 to 23 years old) who gambled away tens of thousands of euros in often a relatively short period of time.
Michel Groothuizen, chairman of the board of the KSA, said: “We have a licensed gambling market based on the idea that anyone who wants to gamble can do so safely. That is why providers have a duty of care towards their players and must respond adequately to excessive gaming. Major losses are an important signal of that. We have intensified our supervision of the online duty of care and we take tough action against violations such as those we find here, because we really do not want to see providers continue to fail in their duty of care, especially for vulnerable young players.”
The post KSA: Fine of €734,000 Imposed for Breach of Duty of Care appeared first on European Gaming Industry News.
Compliance Updates
Nebraska: Proposal to Legalize Mobile Sports Betting Advances

Mobile online sports betting would be legal in Nebraska under a bill advancing in the Legislature, but trouble could still lie ahead for the proposal.
Sen. Eliot Bostar introduced the proposed state constitutional amendment that would let people make sports bets on their phone from anywhere in the state. Bostar says Nebraskans are already betting, either by going to a casino, a neighboring state or using illegal, unregulated platforms.
“I introduced this not because I think gambling is a great thing, not because I want everyone to do it, not because I think you should like it, or anyone should, but fundamentally because it’s already happening. Our prohibition on mobile sports betting here in save Nebraska is not stopping anyone from engaging in that activity,” Bostar said.
Sen. Jason Prokop has made the proposal his priority this session. Prokup talked about Nebraskans who cross the Mormon Bridge into Iowa and congregate at the first off I-680 to place bets during the football season.
“There’s no reason why a corn field in Iowa, just off the interstate, should be touted as the busiest corn field in America. Senators, those are your and my constituents using this product, spending their money and paying taxes in another state, simply because our Constitution does not provide for it,” he said.
Bostar said Nebraska is losing tax revenue.
“Nebraska is currently missing out on a $1.6 billion state online industry and $32 million in annual tax revenue, which instead goes to neighboring states like Iowa, Colorado, Kansas and Wyoming. Legalizing online mobile sports betting through LR20CA could significantly boost state revenues dedicated to the property tax credit fund, helping to address the burden of high property taxes,” he said.
Sen. Jared Storm seemed unmoved.
“I’ve been in the body for three months. I’m a freshman senator, and it seems like the common thread I keep seeing here is, if you want to pass your bill or get something through here, you say it’s going to lower property taxes. That’s kind of the buzz word,” he said.
Strong offered a different interpretation of any tax revenue.
“I would view this as taxation by exploitation. We’re going to exploit people to get tax revenue out of them, mainly young men. So you’re going to have students at UNL, students at UNK, other universities, who are going to gamble away their tuition on online sports betting. They’re going to gamble away their rent online sports gambling. I think as state senators, we have to stand up for those people,” he said.
Sen. Rob Clements read a letter from a mother whose son got in financial trouble from sports betting and died by suicide last year.
“The $10,000 bet my son frenetically placed on a losing NHL Stanley Cup game during the last 48 hours of his life, was followed by a series of still more frenetic bets placed in isolation on his phone as he tried to win back his massive loss. It is clear that he died alone,” Clements read.
But Sen. Ben Hansen argued incidents like that should not be enough to prohibit sports betting.
“How far do we restrict people’s liberties and their rights? This is always a tough one, because we do see some of the ills, the pitfalls some of our citizens can fall into. But do we take that right away from them for that reason? If we take away that right because of addictive factors, we better get rid of alcohol. We better get rid of smoking. We better get rid of refined sugar, one of the most addictive things that we legalize here in Nebraska. We better get rid of a lot of addictive behaviors in the state of Nebraska,” he said.
Sen. Rick Holdcroft read a letter from former Congressman Tom Osborne, former Gov. Kay Orr, Sen. Pete Ricketts and State Auditor Mike Foley opposing the proposal.
“Legalizing online sports betting in Nebraska would turn every cell phone, laptop and tablet into a gambling device available 24 by seven, online sports betting can lead to new people developing gambling disorders, puts young men in the addiction bulls eye and will take money away from the main street Nebraska businesses,” he said.
Gov. Jim Pillen has supported legalizing online sports betting in the past. And Sen. Tom Brandt said the proposal should be approved.
“In Nebraska, alcohol, tobacco, gambling, guns, whether you wear a helmet, we let grown ups decide that. We let our people decide that. Does everybody make a good decision? They do not. There are consequences to some bad decisions, but we let them decide for themselves. Mobile betting should be the same way,” he said.
But Sen. Brad von Gillern said mobile betting was an especially threatening form of gambling.
“My opposition to LR20CA is not from a moral position against gambling as a whole. I provided tons of data to you that illustrates that this is a predatory process that primarily pursues young men,” he said.
After about three hours of debate, senators voted 27-16 to give the bill first-round approval. But von Gillern vowed to filibuster it at the second round of debate, when opponents need only talk for four hours, instead of eight, before supporters can try to cut off debate and vote on the bill itself. That takes 33 votes, and von Gillern predicted it would be close.
The post Nebraska: Proposal to Legalize Mobile Sports Betting Advances appeared first on Gaming and Gambling Industry in the Americas.
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