Colombia's Courts Overturn Advertising Bans: A Signal for Germany?

This is news that is making waves in the international gambling industry and should also make Germany sit up and take notice: Colombia's Constitutional Court has temporarily suspended central parts of the strict advertising rules of the regulator Coljuegos for online casinos. A remarkable step that re-evaluates the proportionality of state intervention in commercial communication and could potentially have far-reaching consequences for regulatory practice worldwide. The decision is based on a lawsuit filed by gambling providers who objected to the complete TV advertising ban between 6 a.m. and 10 p.m.. This ban had only come into force in March 2026 and was intended to strengthen youth protection and player protection in the South American country, an endeavor that is commendable in itself. However, the court found the proportionality to be lacking and provisionally sided with the plaintiffs. This is a clear sign that, despite all the enthusiasm for regulation, the limits of what is reasonable must not be exceeded.

The parallels to Germany are undeniable and alarming. Here, too, the Joint Gambling Authority of the Federal States, or GGL, introduced similar, restrictive TV advertising time regulations effective June 2026. Specifically, online gambling providers in Germany are not allowed to broadcast advertising on television between 6 a.m. and 9 p.m.. This measure was also justified with player protection and was intended to reduce incentives to participate in gambling. However, the ruling from Colombia raises the question of whether the GGL is also overshooting the mark with its regulations and whether legal risks are lurking here as well. It is no secret that the German gambling market has been suffering from a multitude of restrictions since the introduction of the new State Treaty on Gambling in July 2021, driving many providers and players into uncertainty.

The German market, once an Eldorado for online gambling, has become a complex entity due to current regulation. Only providers with a German GGL license are allowed to operate legally, including established names such as JackpotPiraten, OnlineCasino DE, Merkur Slots, bwin Casino, Tipico Games, and LeoVegas DE. These companies strictly adhere to the regulations, which include deposit limits, betting limits, and the aforementioned advertising restrictions. However, the existence of numerous online casinos with licenses from Malta (MGA) or Curaçao shows that many players avoid the regulated German market because they find the restrictions there too prohibitive. These unlicensed providers often benefit from the strict regulation in Germany by offering an alternative for those players seeking a freer gaming experience.

The decision of the Colombian Constitutional Court underscores a fundamental legal principle: all state regulation must be proportionate. This means that the chosen means must be suitable, necessary, and appropriate to achieve the desired goal. A complete advertising ban for a large part of the day, as implemented in both Colombia and Germany, can quickly be classified as disproportionate if milder means could achieve the same effect. It is conceivable that judges in Germany would also have to re-evaluate the balance between player protection and companies' right to free commercial communication. After all, we live in a market economy in which even legal products and services may be advertised, provided certain rules are observed.

A look at GGL statistics reveals further explosiveness. Despite all efforts to curb the black market, countless illegal providers continue to operate online who do not comply with German laws and often do not implement any player protection measures. If legal, licensed providers are further restricted in their existence by excessive advertising bans, this indirectly promotes the black market. Players who are potentially drawn to safe offers by the advertising of legal providers could instead switch to illegal alternatives, which are often associated with higher risks. Regulation that is well-intentioned but ultimately plays into the hands of the black market must be critically questioned.

The reactions of the gambling industry to the Colombian ruling are, as expected, positive. Many industry representatives see it as a confirmation of their long-standing criticism of excessive advertising regulations. They argue that advertising is a legitimate instrument for attracting customers and serves to distinguish legal and safe offers from illegal and dangerous ones. Especially in a highly regulated market like Germany, it is crucial that the few licensed providers can effectively communicate their products and services to differentiate themselves from the flood of unlicensed competition. The ruling from Bogota could thus serve as a precedent and lead to further lawsuits against similar advertising bans in other countries.

But what concrete effects could the Colombian ruling have on the German GGL market? It is entirely conceivable that German gambling providers affected by the advertising restrictions will use the decision from Colombia as an argument in possible legal proceedings against the GGL. The legal risks for the German system could thus increase. A court in Germany would then also have to examine whether the local advertising bans are proportionate and whether the desired player protection could not also be achieved with milder means, such as stricter content regulations for advertising or clear labeling requirements for problematic content. This could lead to a re-evaluation of current GGL practice and, in extreme cases, to a loosening of existing regulations. It remains to be seen if and when the first lawsuits in Germany will be filed based on this Colombian precedent.

For us at lustich.de, it is clear: meaningful regulation of gambling is essential to protect players. But this regulation must be intelligent and proportionate. The Colombian ruling is an important indication that even supposedly well-intentioned bans can miss their goal and even be counterproductive if they restrict legal providers too much. We will closely monitor developments and keep you informed. Stay tuned and always remember: play responsibly and only with providers licensed in Germany, such as JackpotPiraten, OnlineCasino DE, Merkur Slots, bwin Casino, Tipico Games, and LeoVegas DE. Only then is your game safe and fair.