Court upholds GGL order against streamer advertising unlicensed gambling
The Higher Administrative Court of Saxony-Anhalt upheld a GGL order stopping a foreign-based streamer from advertising unlicensed gambling to Germany.
By Oliwer Brewitz, Head of Marketing
Key changes
- Streams of gambling gameplay treated as advertising
- German-language content aimed at Germany brings foreign-based creators within GGL reach
- GGL need not act first against the platform
- Licence conditions generally bar licensed operators from streamer advertising
What changed
On 17 July 2024 the GGL reported that the Higher Administrative Court of Saxony-Anhalt (OVG Sachsen-Anhalt), in interim proceedings, had confirmed a GGL order against a German streamer based abroad. The streamer had played virtual slot games on a streaming platform and broadcast the sessions. The court treated the broadcasts as advertising, finding that German-language content aimed at German-speaking viewers has an advertising effect in Germany, and relied on the territoriality principle to justify German jurisdiction. It also held that the GGL is not obliged to act primarily against the platform. The GGL said it would act more strongly against foreign-based streamers and noted that it regularly bars licensed operators from advertising through streamers via licence conditions.
What it means for advertising
Gameplay streams can count as gambling advertising in Germany even when the creator is based abroad, as long as the content is aimed at German-speaking viewers. For licensed operators, streamer marketing is generally excluded by licence conditions. Video and creator content targeting German audiences is therefore a high-risk area, and publishers and platforms are likely to receive more requests from the GGL.
What operators should do
Check licence conditions on streamer and influencer marketing and brief marketing teams and agencies on them. End any streamer partnerships that conflict with these conditions. Monitor affiliates and creators who use the brand without authorisation, and ask them to remove content where needed. Keep a record of these steps so that the operator can show the GGL how it controls third-party content.
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