Fishin Frenzy Even Bigger Fish 2

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Members flagged the growing issue of illegal gambling sites’ advertising appearing across social media, an issue the sector in Netherlands has sought to tackle directly through legal action against Meta.

Speaking on behalf of the government, Van Bruggen said: “Meta, especially as one of the parties, but also Google, is really open to this conversation.”

She said the government would receive a report every six months on illegal gambling advertising across these platforms. She insisted the issue should also be dealt with at an EU level, through the Digital Services Act.

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For poker collusion and bot use, recommended contractual provisions allow operators to redistribute illegitimate winnings to affected players. The guide noted that courts have validated such actions when supported by robust data.

The ANJ has called for operators to provide proof rather than act on suspicion alone. The guide outlined the types of evidence and “converging indicators” (faisceaux d’indices) that French courts have accepted in previous litigations, including IP addresses, device logs and connection timings.

Operators were encouraged to take several practical steps, including enhancing terms and conditions, maintaining robust evidence and uptaking technical standards.

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According to the governance policies of Meta, the owner of Instagram, gambling platforms can use programmatic advertising services and branded content, provided they receive authorisation from the platform. They cannot target content to individuals under 18 or territories where gambling is not regulated.

To obtain Meta’s approval, the company needs to fill out a form and attach documents proving its operating licence. This same form includes a contract, in the form of an “I accept the terms and conditions” button. In it, the advertiser releases Meta from liability for any violations of the content, including legal or administrative proceedings.

The acceptance and authorisation process is restricted to paid media. Regarding organic content that sells, markets, depicts or promotes online gambling, Meta states, in the restricted products and services section, that it encourages safety, prevents potentially harmful activities and displays content only to those over 18 years of age.