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Dutch KSA Raps TonyBet: Illegal Use of Look-alike Football Stars in Ads

22 July 20266 Min.by Lisa Lustich
Editorially reviewed by Lisa LustichLast review:
Niederländische KSA rügt TonyBet: Verbotene Promi-Kopien in der Fußball-Werbung

The regulator KSA warned TonyBet for using characters resembling famous football players in its ads. This violates the 2022 ban on using role models for gambling promotion.

The Dutch gambling regulator Kansspelautoriteit (KSA) has taken swift action to ensure the integrity of advertising regulations within the Netherlands. During the 2026 FIFA World Cup, the watchdog significantly increased its supervision of gambling operators. During this period, the regulator identified a targeted marketing campaign by TonyBet that appeared to bypass existing restrictions. The authorities claimed that the operator used visual representations of individuals that were indistinguishable from famous professional athletes. This move triggered an immediate investigation into the compliance of the advertisements with the ban on using role models in gambling promotions.

Since July 2022, the Netherlands has strictly forbidden the use of well-known figures, including professional athletes and influencers, in advertisements for online gambling. This measure was designed to minimize the impact of gambling marketing on vulnerable groups, particularly young adults. TonyBet's approach involved the use of animated or stylized characters that, while not explicitly naming the athletes, utilized specific identifiers. According to the KSA, these identifiers included jersey numbers, national team kits, and distinctive physical characteristics that made it clear which international stars were being referenced. The regulator maintains that exploiting the likeness of a celebrity is as harmful as using the person themselves.

Numbers and facts

The KSA highlighted that even if a professional athlete does not physically appear in an ad, the recognition of their persona is enough to constitute a breach. Following the KSA's intervention, TonyBet immediately removed the offending content. The Dutch ban on role models has been a cornerstone of their regulatory framework since its inception in 2022. This was followed by a comprehensive ban on untargeted advertising in 2023 and, more recently, restrictions on sports sponsorship. The KSA's objective remains centered on the protection of youth and at-risk gamblers.

„The ban applies not only when a professional athlete actually appears in an advertisement. Recognisable references to famous athletes are also not permitted. In this advertisement, the jersey numbers, national shirts, and physical characteristics caused the depicted individuals to immediately evoke memories of well-known international professional footballers. In doing so, the recognisability of these athletes was exploited to promote online gambling.“ - Representative of the Kansspelautoriteit (KSA).

In addition to enforcement, the KSA actively promoted an awareness campaign involving figures like Glenn Helder and Noah Zeeuw. This educational push aimed to highlight the inherent risks of sports betting to a younger audience. By combining strict enforcement with public education, the regulator seeks to create a safer gambling environment. The TonyBet incident serves as a significant case study in how regulators analyze creative marketing strategies that attempt to find loopholes in established law.

Background

The European gambling landscape is undergoing a period of intense scrutiny regarding advertising standards. The Dutch KSA has been at the forefront of this movement, prioritizing social responsibility over market expansion. The 2022 ban on role models was a direct legislative response to the perceived glamorization of betting through associations with successful public figures. The decision to sanction TonyBet for using look-alikes demonstrates that the regulator is looking beyond the surface level of legal requirements to the underlying intent of the law.

Historically, the KSA has been vocal about duty-of-care failings among operators. The focus has often been on deposit limits and the protection of young players. The recent warning issued to TonyBet underscores the fact that advertising is considered a critical component of player safety. If an advertisement creates an emotional connection through a beloved athlete, it might bypass the rational decision-making process of a consumer. Other operators in the Dutch market will likely view this incident as a benchmark for their own future marketing plans.

Why it matters for German players

For residents in Germany, this Dutch ruling is highly significant. The German State Treaty on Gambling 2021 (GlüStV 2021) shares many of the same philosophical underpinnings as the Dutch regulations. Player protection is the primary goal in the German market as well. Consumers who use GGL-licensed providers benefit from strict rules regarding advertising and bonuses. In Germany, using active athletes for gambling advertisements is similarly restricted to prevent the exploitation of role model status. The 1 Euro stake limit on virtual slots and the 1,000 Euro monthly deposit limit, tracked via the LUGAS system, are pieces of the same protective puzzle.

When German players encounter advertisements that seem to feature global sports stars, they should be cautious. Licensed German operators are prohibited from using misleading tactics that target minors. A legitimate operator on the GGL whitelist will always prioritize compliance over aggressive marketing. Platforms using dubious look-alikes are often unlicensed entities operating outside the legal framework. Staying with licensed operators ensures that players are protected by the OASIS central exclusion file and LUGAS, providing a safety net that offshore sites in jurisdictions like Curacao simply do not offer.

What it means for GGL-licensed casinos

Casinos holding a license from the Gemeinsame Glücksspielbehörde der Länder (GGL) must take note of these international trends. The KSA's stance on visual references and likenesses suggests that regulators are becoming more sophisticated in their monitoring. A GGL-licensed operator must ensure that its marketing does not inadvertently appeal to children or teenagers. Using characters that mimic popular athletes could lead to severe penalties or the loss of the German license. Compliance must be holistic, covering every visual and textual element of a brand's presence.

In the long run, transparency and adherence to social responsibility will define the success of an online casino in the regulated German market. The GGL has the authority to monitor all activities and ensures that the white-listed market remains fair and safe. Operators who try to push the boundaries of advertising rules, as seen in the TonyBet case, might find themselves facing expensive legal challenges. The Dutch example proves that regulators are willing to step in when the spirit of the law is violated, even if the letter of the law was technically followed by avoiding the use of actual individuals.

Sources & further reading

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