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GAMBLING

EU court backs ban on online gambling ads

Sweden's ban on the advertising of online gambling on the grounds of public order was give the backing of Europe's top court on Thursday after two Swedish newspapers challenged fines for publishing gambling ads.

The ruling came after senior executives at two Swedish newspapers, Expressen and Aftonbladet, challenged fines they were ordered to pay for publishing adverts in their sports pages promoting online gambling.

The advertisements were all for companies based outside Sweden. The newspaper executives argued that Swedish law unfairly penalised the promotion of gambling in foreign-based companies more harshly than it did similar offences inside Sweden.

A Swedish appeal court referred the case to the European Court of Justice (ECJ) in Luxembourg. Thursday’s ECJ ruling acknowledged that Swedish law banned the promotion not just of unlicensed gambling inside Sweden but also of legally organised gambling in other EU states.

However, it ruled that EU law allowed such restrictions on grounds of public security or public health so long as the penalties were not disproportionate to the offence.

“The Court observes that it is clear that the exclusion of private profit-making interests from the gambling sector is… a fundamental principle of the Swedish legislation in this field,” an ECJ statement said.

This justified the restrictions, “in so far as it might be considered unacceptable to allow private profit to be drawn from the exploitation of a social evil or the weakness of players and their misfortune,” the court added.

But the court warned that if the penalties for the unlicensed promotion of gambling inside Sweden were harsher than those for advertising gambling in other EU states, then this would be discriminatory and in breach of EU law.

In Sweden, gambling is restricted to public sector and charity bodies rather than for-profit private sector groups.

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GAMBLING

Spain to force gamblers to set time and spending limit before playing online

The Spanish government wants to limit the amount of time and money gamblers spend on online betting and gambling platforms by making them set limits before they start playing. 

Spain to force gamblers to set time and spending limit before playing online
Photo: PAUL ELLIS/AFP

This is the proposal in the latest draft decree of Spain’s General Directorate of Gambling which could be approved at the end of 2021 or early 2022.

Under the new rules, people who play online games such as bingo, roulette, black jack, baccarat and virtual fruit machines would have to first set how much money they intend to gamble and how long they intend to play. 

Whichever of the two limits runs out first would end the gambling session. 

If the law is approved, online gamblers in Spain will still be able to start another session straight afterwards, as the objective of the law is to help prevent players from losing control over what they’re spending and to give them a break to let the adrenaline rush drop and a moment to reconsider their options. 

In any case, online gamblers in Spain would have a daily spending limit of €600 or €1,500 a week if the draft law is approved.

With this clause, lawmakers hope to distinguish “serious” gamblers – those who surpass the 50 percent daily limit of €300 – from those who don’t play online as regularly. 

Once an online gambler was classified as “serious” (intensivo), they would not be allowed to pay for their gambling sessions with a credit card in order to prevent them from piling up debt. 

Spanish authorities are particularly concerned about the increasing number of young people who are becoming addicted to gambling and betting sites, often lured in by the promise of free bets when signing up.  

A 2019 report by Spain’s Federation of Rehabilitated Gamblers found that Spain has the highest rate of young gamblers (aged 14 to 21) in the EU. 

READ MORE: Spain has Europe’s highest rate of teen gamblers

The pandemic, including the lockdowns, restrictions and boredom that have come with it, have only served to intensify the trend. 

The average annual spending per player in Spain went from €312 in 2016 to €533 in 2020.

Under the new rules, young people would be considered “serious” gamblers if they spent 25 percent of the limits set: €150 for two days in a row, or €375 over the course of two weeks. 

More than 8.5 percent of online gamblers in Spain (of the 1.5 million total of active players) do not reach the mentioned levels that signal addiction.

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