The Council of State, Belgium’s highest administrative court, has upheld rules imposed by the Belgian Gaming Commission (BGC) to restrict advertising of gambling and to include visual messages on games of chance and loss limits designed to promote responsible gaming.
The court did overturn the BGC restriction that imposed minimum self-exclusion times and a few of the 11 different rules imposed after a 2019 Royal Decree. However, it upheld the main restrictions, including a €500 (US$521.37) weekly deposit limit and a ban on bonuses.
The commission also included a provision to check a player’s financial history to approve an increase in a player’s deposit limit.
“The intent of the gaming limit is to help protect players from excessive wasting money and gambling addiction risks,” the court said in its ruling. “An increase in the playing limit can therefore only take place after it has effectively been established that the player is not registered as a defaulter.”
Regarding bonuses, the Royal Decree did not define the term, but the BGC defined it broadly as including free spins, enhanced odds and reduced risk for losses. “It follows from the wording of the Royal Decree that this term must be interpreted broadly,” the court said.
The court also upheld provisions in the decree to ban use of credit cards, including electronic payment methods where a credit card may be used.
The Council of State also upheld the BGC’s restriction on gambling advertising in which betting ads are interspersed with broadcasts of sporting events.
Sponsorship has also been upheld as a form of advertising, defining such arrangements as transactions “aimed at the creation of a promotional association” between the sponsor and the sponsored sports team or event.
Additionally, the Gaming Commission’s stance on messaging was supported, with the Council stating that the minimum age requirement and ‘Gamble in moderation!” slogan must be clearly viewable.
