Dutch parliament rejects gambling ad ban but backs stricter measures for loss limits, penalties

The Kamer (Dutch parliament) has rejected a proposal for a comprehensive ban on gambling advertisements even as it backed enforcing loss limits and tougher penalties for violations in the upcoming safer gambling amendments to the Remote Gambling Act (KOA Act).

The parliament witnessed a contentious session as proposals to overhaul the gambling landscape in the Netherlands clashed with diverging opinions.

The Christian Democratic Appeal (CDA) party's proposal for a blanket ban on gambling advertisements, despite garnering support from various quarters, including ChristenUnie, Socialist Party, New Social Contract, and the SGP, failed to secure the requisite 76 votes, ultimately receiving backing from only 70 out of 150 MPs.

However, the House approved a mandate advocated by ChristenUnie party leader Mirjam Bikker, endorsing “overarching playing limits” as a new consumer protection measure for the KOA market. Bikker has urged the imposition of a ‘universal loss limit’ across all 27 licensed operators “without the possibility of offering customers an increase.”

The proposal gained a 79-vote majority, setting the stage for potential conflicts with proposed rules by Minister for Legal Protections Franc Weerwind, who rejected ChristenUnie’s mandate arguing that financial risk checks had been incorporated into the forthcoming amendments.

Minister Weerwind recommended the adoption of compulsory monthly financial risk checks for player accounts exceeding €350 in spending. Additionally, he outlined plans to introduce a loss limit of €150 for gambling accounts held by individuals under 24, although implementing these measures is pending further deliberation.

Bikker urged Minister Weerwind to implement a fixed loss limit on KOA operators by the end of 2024. As the proposal was passed without Weerwind’s approval, Bikker stated to the House: “Yes, Chairman, you can already guess: the motion was passed despite the minister advising against it. I would very much like a response from the minister before the Games of Chance committee debate on how he intends to implement it.”

Socialist Party MP Michiel van Nispen's mandate to impose stiffer penalties for online gambling violations received overwhelming support from the Kamer, with 102 MPs backing the proposal advocating for fines of 10% of turnover.

“The SP wants serious fines and measures against those bad gambling companies. As far as we are concerned, a warning is followed by a fine, and one that really hurts, for example, 10 per cent of turnover. In our opinion, permits should also be revoked in the event of recidivism. Has that ever happened, the withdrawal of a permit? I do not think so. As far as we’re concerned: end of story for the cowboys without morals,” said Nispen.