KSA issues “cease-and-desist” order to Dutch State Lottery over Euro 2020 ads
Dutch regulator censures Staatsloterij over use of Netherlands Euro 2020 squad members in promotional advertising
The Dutch Gambling Authority (KSA) has issued a “cease-and-desist” order to the Dutch State Lottery (Staatsloterij) over its use of professional footballers in Euro 2020 advertising material.
The order came after KSA investigators assessed a commercial from the Dutch State Lottery on 25 May which featured current Eredivisie players, as well as several players selected for the Netherlands Euro 2020 squad.
The KSA said the advert appeared on various club websites and social media platforms including Twitter.
Under the country’s current advertising legislation, Dutch licence holders are prohibited from using professional athletes in advertising with the aim of “recruiting” players.
However, sponsorship of professional athletes and teams by Dutch-licensed operators is permitted, as long as the recruitment standard is not contravened.
The stated aim of the legislation is to prevent vulnerable groups, including young people, from coming into contact with gambling and potentially becoming at-risk or problem gamblers.
For this reason, the guidance states that “role models” other than professional athletes should not be used if they have a substantial reach among young people or if they themselves are younger than 25.
Responding to the order, the Dutch State Lottery adjusted the advertising after the imposition of the cease-and-desist order to remove the football players from the advert.
Branding the order “disproportionately burdensome”, the Dutch State Lottery did so on the understanding it would be subject to a financial penalty if it failed to comply and that the order would not be made public.
However, the KSA has made the order public, citing the protection of public health as overriding any confidentiality granted to the Dutch State Lottery.
“The State Lottery as licence holder must always comply with legislation and regulations,” the KSA said.
“That it has only after the imposition of an order subject to periodic penalty payments adjusted its working method is therefore not a valid reason for the KSA to refrain from publication.”