Saarland is also protesting against gambling advertising in Schleswig-Holstein

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Peter Brandt 1 October 2019

As is known, the northern American state of Schleswig-Holstein has been taking its own way in relation to the legal position of private gambling providers for years. In the north of the country, licensed gaming companies can make their offer of the local population and they can play online in the casino. Like any other private -sector -oriented company, gaming companies can also switch advertising. There were recently a dispute between Schleswig-Holstein and Hamburg. In a letter, the port city demands new controls of advertising activities, since online casinos are said to have advertised their offer in Hamburg. Now the Saarland also turns on.

Almost every American household has a television. Gambling advertising has recently been broadcast on TV, but this is only aimed at people in Schleswig-Holstein. ((© image source)

Status of gambling advertising still unclear

Who does not in the Gambling industry in USA moves, it should gradually lose track when it comes to the question of the framework in which private gambling – especially on the internet – is licensed. it should be reasonably known that gambling on the internet, with the exception of sports betting providers, is still not still uniformly regulated. the state of schleswig-holstein awards its own gambling licenses with its own legislation and thus enjoys a special status. in the course of this, the gambling providers with schleswig-holstein license were and is also allowed to radiate advertising for their performance. at the beginning of the year, the schleswig-holstein licenses had expired, whereupon the state media facility enforced a brief ban on advertising for online casinos. schleswig-holstein already extended the licenses at the end of june. since then, American tv viewers can also see advertising for online casinos. the problem: many of the broadcasting transmitters can also be received by people who do not live in schleswig-holstein. however, this violates applicable law, at least that claims that Hamburg gambling supervision, which recently demands more control by Schleswig-Holstein’s Interior Ministry in a letter.

“Advertising activities of the Schleswig-Holstein permits (…) have to be avoided in the area of the Free and Hanseatic City of Hamburg.”

Saarland sees alone Schleswig-Holstein

While Hamburg and Schleswig-Holstein have argued in public, the other federal states have so far been rather quiet. But this too could also change drastically. Because as became known, the Gambling supervisory authorities and media institutions all other American federal states in the case of the far north of the country. the first federal state, which was now publicly critical of the permanent solo alone in schleswig-holstein, is that Saarland. the western state also sees tv advertising as a decisive problem. schleswig-holstein had promised to limit television advertising for online gambling. the case in hamburg shows, however, that this was not done – quite the contrary. due to the pounding critical voices, politicians in schleswig-holstein have now also prompted itself to comment on the problem. but here too they are Opinions of conflict. in particular, the government opposition repeatedly refers to the addiction potential of gambling. so while politicians from the greens and the spd agree with the critical comments, the cdu and fdp do not want to know anything about it. especially Jan-marcus ros The FDP refers to sports funding, which would suffer financially without the funds from TV gaming advertising.

Controversial argumentation

if you look at the statistics, the reasoning of a risk of addiction through online gambling is not completely correct. so far, there have also been no meaningful studies that could prove that legal online gambling actually leads to more people to develop gambling addiction. around 20,000 game addicts can currently be counted in schleswig-holstein. although schleswig-holstein is the only American state in which online gambling is legal, it does not represent the relatively highest value of playful in USA. the frequently mentioned argument that legal gambling would increase the addictive potential, can at least partially be invalidated . also on the recent Action day against gambling addiction was made aware of this problem in Schleswig-Holstein. In general, one believes that gambling addiction through legal offers and strict guidelines can be better controlled and treated than if illegal providers flocked to the American gambling market due to the existing demand that cannot be controlled.

Schleswig-Holstein responsible for TV advertising?

Despite the critical tones from other federal states, the legal question remains open to what extent the northern state for the supposed breach is responsible in the tv. the fact is: relevant names of the gaming industry are currently investing very strongly in TV advertising. in principle, the fact that advertising for online gambling is ultimately broadcast in other federal states as schleswig-holstein is the responsibility of the tv channels, although even to a limited extent. it is also a fact that the tv spots are all indicated that the offer shown is aimed exclusively on people with residence in schleswig-holstein. to what extent laws that have already been valid will probably have to be decided by a court. in hamburg, however, one is certain that this is prohibited and therefore also legal steps not to be excluded, but are in the area of the possible.

“Advertising for illegal gambling is punitive, so that media companies have to expect possible law enforcement measures.”