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Proposed bill could see gambling affiliates and streamers as well as influencers sentenced up to 5 years in prison
Poland already has one of Europe's strictest gambling regimes that permits only Polish-licensed sports betting operators from taking bets in the country
A proposed Polish law has created concern among the online gambling affiliate sector as it goes beyond simply targeting illegal (grey market) gambling operators and now would directly target the people who promote them, including streamers, influencers and affiliates who gain financial benefit from doing so.
Poland's lower house of parliament, the Sejm, just passed a bill that would make online promotion of illegal gambling a criminal offence.
The proposal is aimed largely at social media promotion, streaming, and affiliate-style marketing of gambling sites that are not licensed in Poland and could result in anywhere from three months to a maximum of five years in prison.
Poland already has one of Europe's strictest gambling regimes that permits only Polish-licensed sports betting operators from taking bets in the country. Its online casino industry is effectively a state monopoly while websites promoting unlicensed gambling can be blocked.
Should this become law, affiliate linking to offshore casinos would be considered criminal activity. Referral codes for unlicensed sportsbooks would be viewed as unlawful. This would also impact YouTube and Twitch casino streams as well as social media posts encouraging those in Poland to gamble with illegal operators. Even review sites would be targeted.
Poland's parliament approved the broader law targeting so-called "trash streaming" on June 11.
Legal analysts are still sorting out exactly how broadly those provisions apply to affiliates, media sites, tipsters, influencers, and referral marketers.
Next Steps for Proposal to Become Effective
Under Poland's ordinary legislative process, the typical steps are:
- Passage by the Sejm (lower house) has already taken place.
- Review by the Senate (upper house), which may approve, reject, or propose amendments.
- If amendments are made, the Sejm considers them.
- Submission to the President of Poland.
- Presidential signature (or other constitutional action).
- Publication in the Journal of Laws (Dziennik Ustaw).
- The law enters into force after the specified effective date (sometimes immediately, often after a waiting period).
The current President of Poland, Karol Nawrocki, has already vetoed a bill that would increase taxes on gambling winnings from 10% to 15% back in December. Nawrocki argued that the government was trying to fill budget gaps rather than pursue sound policy.
The current bill, however, is being framed as a measure to protect minors and combat illegal gambling rather than raise revenue.
There are factors that could lead to a veto. These include concerns over constitutional freedom of expression or vague definitions of "promotion." Some media publishers and affiliates fear they could be swept up in ways that were not intended.
- Chris Costigan, Gambling911.com Publisher
