Malta MEP Agius Cautions EU Gambling Ad Ban Could Fuel Unregulated Markets

2026-06-26

Malta MEP Peter Agius has warned that an EU-wide ban on online gambling advertising could push consumers to unregulated markets, citing data showing higher problem gambling rates among users of illicit operators. He argues that effective consumer protection is best achieved through a well-regulated commercial market, as evidenced by issues in countries with strict ad curbs like Germany and the Netherlands.

Malta’s Member of the European Parliament (MEP), Peter Agius, has issued a stark warning that a potential European Union-wide prohibition on online gambling advertising could inadvertently drive consumers towards illicit operators, rather than offering enhanced protection.

Agius delivered his caution during a recent hearing concerning a petition lodged by a Cypriot citizen. This petition advocates for a comprehensive ban on all gambling advertisements across the EU, citing concerns over the pervasive nature of marketing on digital platforms and billboards, and the heightened risks it poses to susceptible demographics, including minors, seniors, and individuals recovering from addiction.

While acknowledging the critical importance of safeguarding young people and preventing gambling-related harm, Agius questioned the efficacy of a blanket advertising ban in achieving these objectives. He urged policymakers to consider whether such a broad restriction might simply redirect demand to unregulated services that operate without the crucial consumer safeguards present in licensed markets.

Highlighting the jurisdictional complexities within the EU, Agius noted that gambling policy predominantly falls under national authority. The EU’s regulatory remit, he explained, primarily focuses on addressing deceptive or aggressive advertising practices.

His argument is substantially underpinned by data, including a 2023 study commissioned by the French regulator l’Autorité Nationale des Jeux (ANJ) and executed by Strategy& (part of PwC). This research highlighted the significant presence of illegal online gambling markets in various EU member states. Furthermore, the study revealed that problematic gambling behavior was over three times more common among customers of unlicensed operators (66%) compared to those utilizing regulated services (22%). Based on these findings, Agius contended that robust consumer protection is best fostered within a well-regulated commercial environment that enforces age verification, promotes responsible gaming, and actively monitors for problematic behavior.

Across the European Union, approaches to regulating gambling advertising are diverse, with some nations recently tightening restrictions while others maintain more flexible regimes. The issue of illegal advertising has been particularly prominent in the Netherlands, where the trade association VNLOK initiated legal proceedings against Meta. VNLOK alleged a surge in unlicensed gambling advertisements on Facebook and Instagram, estimating that unlicensed operators accounted for more than 95% of gambling-related ads on these platforms during a recent period. Similar patterns have emerged in other markets; for instance, Germany's strict regulatory environment reportedly channeled players towards unlicensed operators, while the Netherlands observed its channelization rate drop below 50% in a recent period, with the illegal market surpassing the licensed sector in revenue. These examples underscore a growing consensus among regulators and industry stakeholders that effective channelization and consumer protection are intrinsically linked, and overly stringent advertising limitations can inadvertently bolster the black market.