Dutch trade association VNLOK took Meta to court in Amsterdam on 28 September, seeking stronger enforcement against illegal gambling adverts on Facebook and Instagram. The case tests the scope of large platform obligations under the European Digital Services Act and directly affects licensed operators competing in the Dutch market.
VNLOK states that over 90% of gambling adverts on Facebook come from unlicensed sites. That figure is the association's own count, not a court finding. The group represents licensed providers and argues Meta is failing its DSA duties. It wants a court order forcing the company to block illegal adverts shown to Dutch users more actively.
Meta removed 11% of flagged adverts in May and 15% in June. In its June filing VNLOK demanded recognition of liability and daily penalties for non-compliance with any court order, and asked the European Commission to open an investigation. The suit highlights a commercial conflict: licensed operators follow market rules and ad restrictions, while unlicensed competitors reach the same audience through social platforms.
Prevention, not removal
The legal question goes beyond deleting individual adverts. Under the DSA, very large platforms must assess and mitigate systemic risks, including the spread of illegal content. Articles 34 and 35 set out the risk assessment and mitigation framework. Article 6 grants conditional hosting liability exemptions, Article 8 prohibits general monitoring of all user material. But the monitoring ban does not override the duty to address systemic risks.
Similar enforcement is under way elsewhere. Italian communications regulator AGCOM ruled against Meta in December 2023 for breaching the national gambling ad ban. German authority GGL reported that ad restrictions on Google and Meta reduced illegal gambling ads. Spanish regulator DGOJ imposed content removal obligations. The UK Gambling Commission has also criticised Meta for weak action against unlicensed casino ads.
Possible measures include checking advertiser domains against national licence registers and blocking repeat offenders. The case remains open.
