Kansspelautoriteit hits Bingoal with fine

Kansspelautoriteit has issued a fine to Bingoal Nederland B.V. over advertisement breaches that targeted individuals in restricted age groups. According to the regulator, which awarded a €400,000 fine to the licensed operator, individuals between the ages of 18 and 24 have been targeted as part of Bingoal’s marketing efforts.

However, the law prohibits this specific cohort to be sent advertisement messages to and expects, instead, to see operators show discretion and restrain insofar as younger individuals are concerned. The Netherlands has been particularly strict about gambling advertising, especially advertising that may target younger individuals.

The country maintains that individuals in these age groups are more likely to be negatively influenced by gambling advertisements, including but not limited to overspending and developing a problem with gambling later in life. The regulator had to act following a broadcast by Kassa, a TV program, which alleged that between October 2021 and March 2022, Bingoal had sent advertising messages to individuals in that specific age group.

Kansspelautoriteit argues that the latest fine is aligned with previous penalties issued in similar cases and based on the same program and investigation into such breaches. A total of five providers have been fined because of the targeting of young people through advertisements in the aforementioned age groups.

The decision in Bingoal’s case marks the end of the investigation into the particular case that was pried open by Kassa, and it sends a clear message that the country’s regulator will remain vigilant over breaches that involve its gambling framework.

The regulator took issue with the manner in which the breach was handled. According to Kansspelautoriteit, Bingoal had the necessary technology to ensure that its advertising materials did not reach people in the specific age group, but the company failed to deploy the solutions and infringed on the Dutch BettingandGaming Act

The present fine serves as a way to rectify what the regulator believes is tantamount to the damage done through the marketing messaging. However, Bingoal has used this opportunity to also respond, as have many other operators previously fined by the regulator, to criticize what it has seen as a lack of clarity in certain rules.

For example, "targeting" was ill-defined by the gambling authority, Bingoal said. The operator also added that licensed entities should receive a different treatment from unlicensed ones, as it would essentially give the offshore gambling businesses even more incentive to flout rules that they never intend to pay fines for. Previously, the regulator fined Hillside New Media Malta for the same sum of €400,000 and again linked to targeting young people with advertising materials.

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