Four months ago, in Belgium, the first phase of the implementation of the ban on gambling advertising
in the sports world began. From 1 January 2025, a total ban on gambling advertising came into force
in all sports stadiums. From 1 January 2028, the general ban will also be extended to shirt
sponsorship for professional sports clubs.
Legal framework
Royal Decree of 27 February 2023
Following the Royal Decree of 27 February 2023 laying down detailed rules on advertising for gambling, a general ban on gambling advertising has been in force in Belgium since 1 July 2023. However, a transition period was provided for the sports sector to allow sufficient time to find alternative sponsors.
Starting 1 January 2025, sports clubs are no longer allowed to promote gambling companies in their stadiums. This means that banners, posters, advertising panels, or commercials from gambling companies will no longer be allowed.
Shirt sponsorship has also been restricted from the aforementioned date. In view of the (very) significant financial impact of a total ban on gambling advertising on shirts, the Royal Decree has allowed sports clubs some leeway for a short additional period to adapt to the new reality. Shirt sponsorship by gambling companies will continue to be permitted to a limited extent for three years. This means that only the logo with the name, but without the slogan, may be placed on the shirt. The size of this logo may not exceed 75 cm² (7.5 cm x 10 cm) and may not appear on the front of the shirt.
From 1 January 2028, this form of sponsorship will also be completely banned for professional sports clubs in the highest divisions of all recognised sports. For amateur clubs, such a logo will still be permitted, with a maximum size of 50 cm².
Royal Decree of 12 August 2024
Finally, the Royal Decree of 12 August 2024 also raised the age limit from 18 to 21. The Royal Decree entered into force on 1 September 2024.
The age increase explains why young players from various Belgian clubs are playing in different shirts to their teammates this season. Although many clubs’ players were still wearing the same shirts at the start of the season, Anderlecht’s players were already playing without shirt advertising, and Club Brugge’s players were wearing shirts with the slogan “No heart, no glory”.
Enforcement
The Belgian Gaming Commission is responsible for monitoring compliance with the rules laid down in the Royal Decree. Once the Gaming Commission’s control unit has established an infringement, it sends a report to the competent public prosecutor’s office.
The public prosecutor’s office then has six months to decide whether or not to prosecute. If it decides to do so, it may impose a criminal fine on the persons concerned. If the public prosecutor’s office decides not to pursue the case, the Gaming Commission may, in turn, decide to impose an administrative fine, possibly after issuing a warning. These administrative penalties can be as high as EUR 200,000.
It is important to note that it is not only gambling operators who run the risk of a fine, but also anyone involved in spreading gambling advertising, such as sports clubs. An appeal against such a decision by the Gaming Commission to impose an administrative fine may
be lodged with the court of first instance.
Resistance within the sports world
Although the total ban is welcomed by public opinion as a step in the right direction, it encountered considerable resistance within the sports world, mainly from the sports clubs themselves. Sponsorship by gambling companies has come to play a crucial role in professional sport. The rapid and high revenues that these companies offer are very attractive to sports clubs.
The ProLeague and the BeneLeague have already initiated summary proceedings before the Brussels Court of First Instance, seeking the suspension of the royal decree. At the same time, numerous sports clubs and several gambling companies have also initiated summary proceedings before 11 different courts of first instance throughout Belgium, arguing that a total ban does not protect fans from gambling addiction but instead directs them to unlicensed providers where there is no control or protection whatsoever.
Although the summary claims of the ProLeague, the BeneLeague, several clubs and Napoleon Games were rejected due to a lack of urgency, the cases brought by RFC Seraing, Standard Liège, Racing Molenbeek, Brussels Basketball, Continuum Sports Belgium, Golden Palace and SA Gambling were declared admissible by the court of first instance in Tournai. However, the court ruled, in line with the Council of State in its opinion of 12 October 2022, that the rules pursue a legitimate aim in the public interest and that the measures taken are proportionate and effective.
What can Powerplay do for you?
With the (partially future) entry into force of the new rules for the sports sector, clubs and federations will have to exercise due care when entering into sponsorship deals. Powerplay is happy to support you in (re)negotiating and drafting all your sponsorship agreements and
will assist you in any legal proceedings that may be initiated as a result of a violation of the aforementioned legislation.