German Court approves GGL position on foreign-based streamers

With its decision of July 11, the Higher Administrative Court of Saxony-Anhalt confirmed the legal opinion of the Joint Gambling Authority of the States (GGL). According to this, streamers based abroad can be prohibited from advertising illegal online gambling in Germany.

The starting point was the issuing of a prohibition order against a well-known German streamer based abroad who had advertised illegal public gambling in Germany, particularly on the streaming platform "Kick", by taking part in virtual slot machine games, filming himself doing so and publishing the recordings as a video or live stream.

As part of the interim legal protection proceedings initiated by the streamer, the Higher Administrative Court of Saxony-Anhalt confirmed the legality of the GGL's prohibition order.

Board member Ronald Benter welcomed the decision of the Saxony-Anhalt Higher Administrative Court, saying: "The decision has a signalling effect! In the future, the GGL will take even stronger action against streamers based abroad. This is particularly necessary to protect players and minors due to the special dangers inherent in streaming."

By filming and broadcasting participation in online gambling, the streamer's emotions are made visible and tangible for viewers, so that they are confronted with gambling on an emotional level and perceive it as everyday life.

With regard to minors, it should also be pointed out that streaming is the most frequently perceived form of advertising. The decision of the OVG Sachsen-Anhalt refers to the information provided by the UK Gambling Commission on the participation of minors in gambling in 2022. 

According to this, 36% of 17 to 18-year-olds and 47% of 11 to 16-year-olds were exposed to streaming as the leading form of advertising to influence participation in gambling. Such activities encourage participation in illegal gambling, which entails considerable risks in particular in terms of player protection.