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Lawyer slams Dutch regulator for leaving fight against Meta to the industry

By jili tutorial · October 4, 2026

The Dutch Gambling Regulator’s Reluctance to Act Against Meta: A Deeper Look at Enforcement Gaps, Industry Self-Help, and the European Dimension

Introduction: A Growing Frustration Over Regulatory Inaction

At the SBC Summit in Amsterdam on Wednesday, a leading Dutch gambling lawyer, Justin Franssen of Franssen Tolboom Attorneys at Law, delivered a sharp critique of the Netherlands gambling authority (Kansspelautoriteit, or KSA). His central claim: the regulator possesses the legal tools to go after Meta and other platforms that carry illegal gambling advertisements but chooses not to use them. “To me it’s absolutely incomprehensible that we have a regulator that is paid a serious amount of money by the operators and continues to complain that it doesn’t have enough enforcement capabilities,” Franssen said during the panel “The Dutch Dilemma: Deposit Caps, Ad Bans and the Black-Market Boom”.

This article expands on that original report, providing additional context, explanation, and analysis to help readers understand the legal landscape, the industry’s self-enforcement efforts, and the broader European push for action against illegal gambling advertising.

The Provision Against Facilitating Illegal Gambling

Dutch gambling law originally prohibited only the advertising of illegal gambling. In a significant revision, the scope was widened to also cover facilitating such advertising. According to Justin Franssen, this means that platforms like Meta (owner of Facebook and Instagram) that host or distribute ads for unlicensed operators are in clear violation. “To me, what Meta and others are doing is pure facilitation,” he said. “Why are they not stepping up?” The regulator, he argues, has both the authority and the obligation to enforce this provision, yet it remains inactive.

The KSA’s Preferred Approach: Dialogue Over Enforcement

In a recent parliamentary motion debated on Tuesday, it was proposed that the KSA should be given the power to act if Meta ignores requests to remove ads. But Franssen dismissed the motion as redundant: “Well, it already can. It just isn’t doing so.” This reflects a long-standing tension between the regulator’s stated preference for cooperation and the industry’s demand for decisive action. Björn Fuchs, chairman of VNLOK (the Dutch online gambling trade association), echoed this frustration: “It was really astonishing to read the gambling authority state in a national newspaper that it would rather talk and cooperate with Meta because that would be more effective in the long term. We’ve seen the last five years; it doesn’t add up.”

Industry Self-Help: Taking Enforcement Into Their Own Hands

VNLOK Sues Meta

Frustrated by the regulator’s inaction, the industry has begun to enforce the law themselves. In June 2024, VNLOK filed a lawsuit against Meta in the Amsterdam District Court. Speaking to iGB after the panel, Fuchs explained that attempts at dialogue with Meta yielded only automated replies. The association is asking a Dutch judge to compel Meta to meet its obligations under the EU Digital Services Act (DSA) . “We feel confident,” he said.

The DSA imposes significant responsibilities on large platforms like Meta to remove illegal content, including gambling ads that violate member state laws. By using this EU regulation, VNLOK hopes to set a precedent that forces Meta to cooperate.

Civil Actions Against Unlicensed Operators

Beyond the Meta case, the Dutch state lottery operator, Nederlandse Loterij, has taken civil action against two illegal gambling sites: Lalabet (March 2025) and Qbet (April 2026). The operator won its case against Lalabet in June 2025. These actions demonstrate that the industry is willing to invest legal resources where the regulator will not.

The AI Dimension: How Black-Market Operators Use Technology

A New Study Reveals AI’s Role

A recently published Dutch study tested ten leading AI assistants, including Meta AI, and found that all of them named at least one unlicensed gambling operator. Three of the assistants presented unlicensed sites in ways that implied they were legal. Most alarmingly, Microsoft Copilot produced a “Top 50 legal casinos” list containing unlicensed brands, suggesting they were all KSA-licensed.

AI-Generated Ads and Bots Widen the Gap

Fuchs warned that the gap between regulatory capabilities and reality is widening, driven by AI-generated ads and bot accounts. “Politics and legislation always lag behind reality, typically by about three years,” he said. The ability of sophisticated AI to create short-lived, cloaked ads means that traditional detection and enforcement methods are becoming obsolete.

The European Dimension: Coordinated Action Needed

Cross-Border Sharing of Intelligence

Fuchs confirmed that VNLOK is in contact with the European Commission and various agencies at the EU level. The association has also lodged a formal complaint with the Commission. The problem, he says, is European in nature: “Meta is a European problem.”

VNLOK shares insights and evidence with trade bodies in Denmark, Sweden, Germany, the UK, France, and Spain. These countries have all faced similar challenges with Meta hosting illegal gambling ads. In France and Germany, civil courts have already held Meta liable for such ads, setting a legal precedent.

The Challenge of Jurisdiction

Meta’s EU operations are based in Dublin, Ireland. Fuchs expects the company to try to move the case to Irish courts, where the legal environment may be more favourable. This jurisdictional battle could slow the Dutch proceedings significantly. The summons was served at Amsterdam District Court, but no hearing date has been announced.

The Role of Broader Enforcement Bodies

Fuchs compared the behaviour of offshore operators to that of “a criminal organisation”. They use cloaking, short-lived ads, and multiple shell licences on “small islands” to target regulated markets. He argues that eventually bodies such as Interpol should be involved, but the bar for such intervention is high. “So let’s first make sure the gambling authorities in all our countries join forces and identify the common problems and common denominators.”

Future Outlook: Is the Tide Turning?

Despite the challenges, Fuchs remains optimistic. The climate seems to be shifting against tech giants. “Who would have thought, five or ten years ago, that Meta would be charged in the US with being addictive at its core?” he noted. The DSA, along with growing public and political pressure, is forcing European courts to move in the direction of greater accountability.

Fuchs believes that evidence and insight are accumulating at the European level, and that regulators will eventually start moving. “But for gambling, that should ramp up in the near future.”

Conclusion: A Stalemate That Must Be Broken

The Dutch gambling regulator’s refusal to use its existing legal powers against Meta leaves the industry to fight its own battles. Civil suits, EU complaints, and cross-border cooperation are filling the enforcement gap, but they are costly and time-consuming. Without a proactive regulator, the black market continues to thrive, aided by AI and platform inaction. The debate in the Dutch parliament and the VNLOK lawsuit may force change, but until the KSA steps up, the burden remains on the industry.