The advertising framework of the KOA Act regime, which will go into effect on October 1 and regulate a new Dutch online gambling industry, has been criticised by Peter-Paul de Goeij, Managing Director of NOGA – The Netherlands Online Gambling Association.
In a reaction to the Dutch gambling regulator Kansspelautoriteit (KSAfinal )’s advertising/marketing guidance, de Goeij warned about inconsistencies in the KOA’s advertising standards.
TV broadcast restriction
Importantly, NOGA pointed out TV broadcast regulations, which limit KOA-licensed internet gambling firms to three advertisements per commercial slot — a law that will be ignored by Dutch-licensed lottery and land-based operators.
The irregular limits on remote operators for TV advertising, according to NOGA, are in violation with the level-playing-field principles that KSA stipulated while drafting the KOA Regime’s mission.
“This code does not go far enough. The limit of three gambling advertisements per block applies only to internet gambling advertisements. So, in addition to three advertisements for online gambling, Holland Casino, Gaston and Koning TOTO will be allowed to advertise their offline offerings without any restrictions,” de Goeij remarked.
NOGA has responded by urging KOA remote operators and conventional land-based incumbents to reach an agreement on a feasible approach to avoid gambling advertising overloading Dutch viewers.
KSA chairman René Jansen had already warned KOA operators about their responsibilities to follow the Dutch advertising code, which KSA will review as part of its first-stage evaluation of the KOA regime’s adoption, implementation, and actions.
Between 6 a.m. and 7 p.m., land-based and remote operators will observe a Games of Chance watershed advertising prohibition on TV broadcasts as part of the KOA regime’s launch.
Customers cannot be rewarded with incentives as promotional offers, and campaign content cannot include athlete or celebrity endorsements, among other limits imposed by KSA.
The KOA regime would impose the strongest database management standards, with incumbents required to log all player advertising engagements and prohibited from using data to re-target or incentivize players to gamble more on platforms and goods.
“We support the code, but with the important addition that that cross-sector agreement of advertising volume control, is absolutely necessary and I would like to invite all colleagues, the media parties and the broadcasters – to get around the table in a coalition of willing, to jointly prevent a gambling advertising avalanche.” de Goeij commented on KOA duties and expectations.