The Dutch gambling trade association VNLOK has launched court proceedings against Meta in Amsterdam, demanding the tech giant strengthen its defences against illegal gambling advertising on Facebook and Instagram. The case, filed in late September, represents a significant test of how strictly the European Union's Digital Services Act applies to very large online platforms and could reshape how licensed operators compete in Europe's regulated markets.

A Compliance Challenge for Big Tech

VNLOK's core argument centres on what it found in its own examination of gambling adverts: more than 90% traced back to unlicensed operators. While Meta managed to remove 11% of flagged adverts in May and 15% in June, the association argues this falls well short of the company's obligations under the DSA's systemic risk framework.

The legal angle here matters, actually. The DSA doesn't just require platforms to respond to complaints about individual adverts. Articles 34 and 35 impose a broader duty on very large platforms to assess and mitigate systemic risks, including the spread of illegal content. That's a higher bar than simply taking down posts after they're reported.

What Could Actually Change

If VNLOK wins, Meta could face court orders requiring more rigorous checks. That might mean verifying advertiser credentials against national gambling licences, blocking domains known for illegal operations, and preventing banned operators from simply returning under new accounts. The association is also pursuing a parallel complaint with the European Commission, which could trigger formal investigation and penalties.

The practical consequences cut both ways. Stricter screening would slow down legitimate operators' ad approvals and create more appeals when lawful campaigns get caught in overly broad filters. But for licensed providers, the benefit is crystal clear: less unfair competition from unlicensed rivals accessing the same audiences.

A Pattern Emerging Across Europe

The Netherlands isn't alone in pushing back. Italy's communications regulator issued an enforcement decision against Meta in December 2023 under national gambling advertising rules. Germany's Joint Gambling Authority has reported that tougher restrictions on Google and Meta adverts have contributed to declining illegal advertising. Even the UK Gambling Commission has publicly criticised Meta's response to unlicensed casino promotions.

Here's the catch: each jurisdiction operates differently. A Dutch court order won't automatically set policy in Germany, Spain or the UK. For operators and suppliers, that creates a fragmented compliance landscape where continental rulings don't necessarily transfer across borders.

The Bigger Picture

This case crystallises a genuine tension in regulated gambling markets. Licensed operators face strict advertising rules, licensing costs and oversight. Unlicensed competitors, meanwhile, can still reach consumers through social platforms with minimal friction. That imbalance benefits no one in the legitimate industry.

VNLOK hasn't disclosed its full legal strategy or the precise grounds for its standing before the Amsterdam court, so it's worth holding fire on speculation about the outcome. But the case raises important questions about what platform accountability really means under European law, and whether systemic risk obligations have teeth when it comes to illegal gambling content.