Social media exempt from Bulgaria’s gambling ad ban

Garance Limouzy August 22, 2024

Bulgaria’s National Revenue Agency () has clarified its stance on gambling advertisements, allowing social media influencers to promote gambling-related content despite a broad ban imposed recently on traditional media platforms. This decision has raised concerns.

A narrow definition of “media”

The controversy stems from the NRA’s interpretation of what constitutes “media” under Bulgaria’s Broadcasting Act. According to NRA director Rumen Spetsov, the ban on gambling advertisements does not extend to social media platforms like Facebook, Instagram, TikTok, and YouTube. The NRA’s stance is based on its view that these platforms do not fall under the legal definition of traditional media channels. The NRA’s position was articulated in response to a public inquiry by the local news outlet Mediapool, which sought clarity on the scope of the gambling advertising ban. Spetsov explained that users who engage with content on social media do so voluntarily by choosing to follow influencers and create accounts, which, in his view, constitutes implicit consent to view such content. He pointed out that individuals have the right to control the type of information they access through their social media accounts.

Public backlash

Despite the NRA’s explanation, the decision has been met with widespread criticism. Many argue that it undermines the original intent of the law, which was enacted in May to fight the spread of gambling advertisements across all media, particularly to protect vulnerable groups like children who are increasingly exposed to online content. Critics are particularly concerned about the potential for a surge in gambling-related promotions on social media, where younger audiences are most active. They fear that this could weaken consumer protection efforts and lead to an increase in gambling-related harm. Spetsov’s narrow definition of “media” as mass communication channels with broad reach has also been challenged.

NRA’s reassurance

Spetsov warned against attempts to bypass the ban by using traditional media to direct audiences to social media platforms for gambling promotions, stressing the importance of “editorial responsibility” in determining the legality of such content. The NRA has indicated that it will evaluate gambling advertisements on a case-by-case basis. However, the agency’s position suggests that all gambling-related content on social media will be allowed as long as it does not appear on platforms that meet the legal definition of “media.” This means that even platforms with significant reach, such as YouTube, remain outside the ban’s scope.

Contrasting European approaches

Bulgaria‘s decision contrasts with the approach taken by other European countries. For instance, Italy has implemented a complete ban on gambling advertisements on all platforms, including social media, as part of its efforts to combat gambling addiction. Sweden has tightened its regulations on gambling advertising, particularly on social media, following the re-regulation of its gambling market in 2019. In the United Kingdom, strict regulations govern gambling advertisements on social media, with the UK Gambling Commission enforcing rules to ensure that such content does not target minors.