Abstract

This study has been focused on the issue of barriers to advertising and promotion of gambling, indicating the prohibited games and analyzing the reasons why the gambling law allows for advertising certain forms of gambling. The arguments are based on the applicable national legislation, and the caselaw of the Court of Justice of the European Union. Studies have shown that the division into the games for which advertising is prohibited and games excluded from the ban is a result of the diversity of games, which may involve a larger or a lesser risk of addiction („hard” and „soft” gambling). This diversity is not sufficiently emphasized in the Polish law, so the author proposes to amend the law by introducing a normative definition of „hard” and „soft” gambling. The criteria for the division would be the features of the game, the place where and purpose for which the games are organized. Thanks to this the gaming law would become more legible, and the public would also know which games carry a serious risk of addition.

During this study it has been confirmed that the caselaw of the Court of Justice of the European Union accepts, under certain conditions, the existence of prohibitions or restrictions for advertising of gambling in national law.