Dutch gaming operator JOI Gaming Ltd has been hit with a €400,000 penalty by Kansspelautoriteit (KSA) after a two-year legal process.
The legislative breaches refer to the use of multiple personalities, considered to be role models by the regulator, for the promotion of the operator’s offers around the 2023 Jack’s Racing Day – a major combined motorsport event in Europe.
It is strictly forbidden to use role models in the advertising of almost all types of gambling, including sports betting and online casino. Enforcing this amendment of the KOA Act, introduced last year, falls under the KSA’s efforts to protect vulnerable consumers and minors in the Netherlands.
According to the Dutch gambling rulebook, role models include anyone that is widely known in the Netherlands – from current and retired footballers to influencers. This is because their status as successful individuals with desired lifestyles can be impressionable to children.
Lotteries do represent an exemption where such a person can be used for marketing purposes, but only under specific and very strict conditions.
Multimedia posted on JOI’s social media accounts when the infringement took did include such individuals in various activities promoting the event, such as signing caps or posing for photos with event staff.
While JOI Gaming initially complied with the order to take down the social posts, according to the KSA, the fine is making its way into the public domain only now because of a partial interim injunction granted by the court after an apparent appeal by the operator.
The regulator has proven several times that it does not mess about when it comes to facilitating a safe and sustainable market. Much of these enforcement actions came amid a political atmosphere leaning towards more gambling reforms in the Netherlands.
Most recently, Unibet – the brand owned by French giant FDJ United – was fined €4m as a result of a failure to comply with the Dutch duty of care standards, following another €450,000 penalty incurred by the same operator.
As for the market in general, reforms introduced by former Legal Protections Minister Franc Weerwind to overhaul the Remote Gaming Act (KOA) are still ongoing, but have already proven successful especially around player protection.