Euro Court Upholds Swedish Poker Ad BanMixed Reactions To European Court of Justice Ruling Upholding Swedish Ban on Online Poker Advertising |
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The European Court of Justice yesterday upheld a Swedish ban on online poker advertisements’ by companies based in other EU member states saying, “The Court observes that it is clear that the exclusion of private profit-making interests from the gambling sector is… a fundamental principle of the Swedish legislation in this field."
However the Court warned that if the penalties against companies based in other EU member states were harsher than those for unlicenced Swedish operators advertising gambling in the country this would be discriminatory and contrary to EU law.
This means a government can prevent its citizens advertising services legal in other EU countries but illegal at home providing it can argue it is in the public interest.
Sigrid Ligné, Secretary General of the European Gaming & Betting Association, said, “We welcome the unequivocal confirmation that Member States cannot discriminate against EU gaming operators. The Swedish advertising restrictions also affect leading national media that are very dependent on advertising sales and which are unfairly deprived of substantial sources of revenue.”
“The Court will not resolve the challenges that are raised by the Internet. It is up to the legislator to embrace the reality of online gaming and betting in Europe. Italy, France and the UK have introduced online gaming legislation and Denmark is set to follow suit in 2011. We are confident that the Swedish and other governments will do likewise. Proper regulation can bring about greater consumer protection, more competition and benefit other sectors such as sports and the media”.
European Lotteries, a grouping representing state lotteries and opposed cross-border online gambling, also welcomed the ECJ decision saying it was “another serious blow to the commercial online gambling industry.”
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