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VNLOK Summons Meta to Amsterdam Court Testing DSA Duties on Illegal Gambling Adverts

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VNLOK Summons Meta to Amsterdam Court Testing DSA Duties on Illegal Gambling Adverts
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VNLOK summoned Meta to Amsterdam court on 28 September, claiming over 90% of examined Facebook gambling ads were illegal. Meta removed 11% in May and 15% in June. The case tests Meta’s DSA obligations under Articles 34 and 35 to mitigate systemic risks from illegal content.

SCCG Take — A court order could impose specific preventive duties on Meta in the Netherlands, easing illegal competition for licensed operators without automatic EU-wide effect.

The Dutch gambling trade association VNLOK summoned Meta before the Amsterdam court on Monday 28 September. The action seeks stronger measures to stop illegal gambling adverts reaching consumers on Facebook and Instagram. It tests the limits of obligations for very large online platforms under the EU Digital Services Act.

VNLOK represents licensed Dutch online gambling providers. It reports that more than 90% of the Facebook gambling adverts it examined came from illegal sites. Meta removed 11% of the adverts in May and 15% in June, according to the association.

The claim seeks a court finding that Meta fails to meet its DSA obligations. It requests an order requiring additional steps to prevent illegal adverts targeting Dutch consumers. VNLOK also seeks a declaration of liability, daily penalties for noncompliance, and has asked the European Commission to investigate.

DSA Focus on Systemic Risk Prevention

The case turns on prevention beyond after-the-fact takedowns. Under the DSA, very large online platforms must assess and mitigate systemic risks tied to illegal content. Articles 34 and 35 establish that risk-assessment and mitigation framework. This sits alongside conditional liability exemptions and the bar on general monitoring obligations.

VNLOK’s announcements do not disclose full pleadings or every legal provision relied upon. The allegations remain subject to court assessment. No new filtering system has been ordered.

Regulatory Approaches Across Europe

Italy’s Autorità per le Garanzie nelle Comunicazioni issued a December 2023 enforcement decision against Meta under that country’s gambling advertising ban. Germany’s Gemeinsame Glücksspielbehörde der Länder reported that advert restrictions on Meta and Google contributed to declines in illegal advertising. Spain’s Dirección General de Ordenación del Juego has set out duties to remove illegal gambling content.

In the UK, Gambling Commission executive director Tim Miller has criticised Meta’s response to illegal casino advertising. The Dutch proceedings could clarify whether such calls can become enforceable obligations. The Amsterdam case and Commission complaint remain unresolved, as reported by Casino Beats.

Reporting: Casino Beats

Generated by SCCG’s automated editorial system from published source reporting. SCCG Management holds editorial responsibility.

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