During the SBC Summit on Wednesday, Justin Franssen, a partner at the Dutch law firm Franssen Tolboom Attorneys at Law, criticized the Dutch gambling regulator for not pursuing action against Meta and other platforms that promote illegal gambling advertisements. "It’s absolutely incomprehensible that we have a regulator that is paid a serious amount of money by the operators and continues to complain that it doesn’t have enough enforcement capabilities," Franssen expressed during his participation in the panel titled "The Dutch Dilemma: Deposit Caps, Ad Bans and the Black-Market Boom."
Franssen highlighted a provision in Dutch gambling legislation that originally prohibited advertising for unlawful gambling but was later amended to also include facilitating such activities. He remarked, "To me, what Meta and others are doing is pure facilitation. Why are they not stepping up?"
The responsibility for enforcement has now shifted to the industry itself, with VNLOK, the Dutch online gambling trade association, having taken legal action against Meta. Additionally, Nederlandse Loterij has initiated civil action against the illegal gambling sites Lalabet and Qbet, winning its case against Lalabet in June, with the latter site targeting a court date in April 2026.
Franssen was critical of a motion discussed in the Dutch parliament recently, which would allow the regulator, known as KSA, to take action if Meta disregards requests to remove illegal ads. He stated, "Well, it already can. It just isn’t doing so."
VNLOK chairman Björn Fuchs also expressed frustration with the regulator’s approach. He referred to the regulator's statement in a national newspaper that it preferred collaboration with Meta for effective long-term results, saying, "We’ve seen the last five years; it doesn’t add up."
After the summit, Fuchs told iGB that VNLOK pursued legal action against Meta after their attempts to open a dialogue were met with only automated replies. The association is now seeking a Dutch court ruling to compel Meta to fulfill its obligations under the EU Digital Services Act (DSA).
Fuchs expressed confidence in their position, asserting that public sentiment has shifted against Meta. He pointed to precedents in France and Germany where civil courts have held Meta accountable for illegal gambling advertisements. He anticipates that Meta may seek to relocate this case to Dublin, where it bases its EU operations.
Fuchs noted that "politics and legislation always lag behind reality, typically by about three years," and the rise of AI-generated ads and bot accounts has exacerbated this gap.
A recent Dutch study revealed that ten leading AI assistants, including Meta AI, identified at least one unlicensed gambling operator. Notably, three of these assistants presented unlicensed sites in a manner that suggested legitimacy, and Microsoft Copilot produced a list titled "Top 50 legal casinos," which included unlicensed brands.
Despite these challenges, Fuchs believes change is on the horizon: "And with the DSA in place, I believe the European courts are also moving in that direction."
As part of VNLOK's legal proceedings initiated in June, a formal complaint has been filed with the European Commission. VNLOK is in communication with various European agencies. Fuchs described offshore operators holding licenses as functioning like a "small island" while using deceptive advertising techniques to target regulated markets, likening their operations to those of a criminal organization. He stressed the importance of collaboration among national gambling authorities to tackle common issues.
Fuchs noted that VNLOK shares insights with trade organizations across Denmark, Sweden, Germany, the UK, France, and Spain, asserting that regulators need to catch up. He stated, "At gambling-authority level, it should be much higher. Meta is a European problem."
Fuchs concluded with optimism, saying, "I am confident that they are piling up evidence and insight at European level, and that they will start moving. But for gambling, that should ramp up in the near future."
The legal summons was filed in the Amsterdam District Court, though no date for a hearing has been set yet, and early jurisdictional disputes may delay progress in the case.
