Reklama zakładów bukmacherskich w Internecie

Betting is a form of gambling, the advertising of which is subject to statutory restrictions, similar to tobacco products, alcohol, and medicines. The Gambling Act introduces a general ban on advertising these games; however, advertising mutual betting for which a permit has been granted is permissible, provided that the statutory conditions for such advertising are met (e.g., it is not directed at minors or does not present mutual betting as a form of relaxation or a way to solve financial problems). Advertising this type of activity on the Internet is particularly problematic given the ambiguous ban on such advertising in „public places.” A detailed analysis of the term „public place” has been carried out in legal literature and case law in connection with Article 141 of the Polish Code of Petty Offenses, which penalizes placing an obscene notice, inscription, or drawing in a public place or using obscene language. The arguments presented in this context against recognizing the Internet as a „public place” should also apply to the advertising of betting. Therefore, advertising such bets is permissible on the Internet since it does not constitute a „public place.”

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Publication Details

Journal
Radca Prawny
Published
2025-03-19
DOI
https://doi.org/10.4467/23921943rp.25.003.21369
Primary Topic
Intellectual Property Rights and Media
Type
article
Field-Weighted Citation Impact
0.00
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article

Reklama zakładów bukmacherskich w Internecie

Michał Krzewicki
Radca Prawny
Intellectual Property Rights and Media
article

Reklama zakładów bukmacherskich w Internecie

Michał Krzewicki
article en

Abstract

Betting is a form of gambling, the advertising of which is subject to statutory restrictions, similar to tobacco products, alcohol, and medicines. The Gambling Act introduces a general ban on advertising these games; however, advertising mutual betting for which a permit has been granted is permissible, provided that the statutory conditions for such advertising are met (e.g., it is not directed at minors or does not present mutual betting as a form of relaxation or a way to solve financial problems). Advertising this type of activity on the Internet is particularly problematic given the ambiguous ban on such advertising in „public places.” A detailed analysis of the term „public place” has been carried out in legal literature and case law in connection with Article 141 of the Polish Code of Petty Offenses, which penalizes placing an obscene notice, inscription, or drawing in a public place or using obscene language. The arguments presented in this context against recognizing the Internet as a „public place” should also apply to the advertising of betting. Therefore, advertising such bets is permissible on the Internet since it does not constitute a „public place.”

Radca PrawnyVol. 42(1)
WSB Merito University in Wroclaw (PL)
Openalex Percentile: Top 94%
Intellectual Property Rights and Media
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