Browsing by Author "Falck, Andrea"

Gambling is not a new societal phenomenon. Because of the special nature of the industry, it was excluded from the application of the Treaty rules. Since gambling services are increasingly consumed online, Member States have struggled with protecting consumers from the harmful effects of gambling, especially when gambling legislation is not harmonized in the Internal Market of the EU. While gambling services have been excluded from the Treaty, recent case law has considered online gambling to be subject to the Treaty. Consequently, legislators have strived to settle other ways to channelize the gambling consumption to safe and controlled gambling platforms. Since advertising aims to stimulate the consumption of a good or service, legislators consider it as a suitable steering tool, especially when the Treaty prohibit restrictions to the free movement of goods and services, unless restrictions are made for consumer protection or fraud prevention purposes. Most Member States therefore moderate gambling advertisement. Because the industry is not harmonized, gambling legislation varies among Member States. Even if the industry is not regulated by sector specific revaluation, it is subject to secondary legislation. Consequently, Member States gambling legislation is insufficient and therefore often leaves room for interpretation. Gambling services have always been extensively advertised world-wide and is often perceived as aggressive. Since the effect of gambling advertisement has not been established, it is questionable if it is suitable for channelization. By analyzing current gambling legislation of Member States, the study strives to establish an understanding of how gambling advertising is used in the Internal Market and to determine if advertising is an appropriate tool for gambling channelization. It also strives to establish if gambling advertisement in fact falls under the category aggressive marketing practices. This is a legal dogmatic study, which also include some comparative elements. The study is also influenced by the subjective view of the author. Main findings of the study are that gambling legislation varies among Member States and therefore it is challenging of Member States to ensure a high level of consumer protection when it comes to gambling services provided in the Internal Market. Because the effect of excessive gambling advertisement has not been established, the study suggests three alternative means of channelization. First suggestion is to harmonize the gambling industry by introducing sector specific minimum legislation, which would minimize the need for channelization. The second suggestion, is to implement geo-blocking mechanisms, to prevent consumers from entering unauthorized providers services. Even if the Treaty rules prohibit restrictions to the free movement of goods and services in the Internal Market, such measures can be considered appropriate on the grounds of consumer protection. Especially when gambling services currently are excluded from the Service Directive and therefore also the geo-blocking directive. The final suggestion, is to introduce stronger sanctioning power for supervisory bodies and to increase cross-border enforcement of law. Such incentive is also in line with current legislative incentives. However, it would be most suitable as a complement to another restrictive measure, e.g. geo-blocking. Increased supervision and enforcement, would also be recommended since the supervision of the industry currently is quite fragmented. Especially supervision of gambling advertisements is preferable, e.g. by implementing pre- and post evaluations of gambling advertisements. Because of the excessive nature of gambling advertisements and the fact that its effects have not been established, it is recommended that other ways to steer the gambling consumption to controlled platforms, are established. The study recommends the use of either harmonization of law or the use of geo-blocking mechanisms, whereas increased supervision and stronger enforcement of law can function as a suitable complement. Further research in the area of gambling advertising regulation is recommended.