Influencers and online gambling in France: what rules apply to streamers?

A streamer or influencer who targets the French public may only promote gambling operators authorised in France, and only on platforms that exclude minors. Online casinos cannot be authorised in France: promoting one exposes both the influencer and the operator.

Three sets of rules apply together: the gambling regime of the French Internal Security Code (Code de la sécurité intérieure, CSI), the rules on commercial communications for gambling, and the Law of 9 June 2023 on commercial influence. Penalties target the operator, but also whoever broadcasts the advertising.

Which gambling services may an influencer promote?

In France, gambling is prohibited in principle. Only two routes allow it to be offered online to the public:

• the exclusive rights held by La Française des Jeux (lotteries, sports betting in retail outlets) and PMU (horse-race betting in retail outlets);
• a licence from the French gambling authority (Autorité nationale des jeux, ANJ), which exists for three categories only: horse-race betting, sports betting and online poker-type games (Law No. 2010-476 of 12 May 2010, Art. 21).

Online casino games (slot machines, roulette, blackjack) cannot be licensed. An “online casino” accessible from France is therefore an illegal offer, whatever country granted it a licence. Promoting it means advertising an illegal offer.

Before any partnership, the influencer checks that the operator appears on the ANJ list of licensed operators (in French) for the type of game promoted.

Web3 games in which players win resellable digital items by chance fall, once declared, under the experimental regime for games with monetisable digital objects (JONUM). Their promotion follows the restrictions that apply to gambling. An undeclared game remains an illegal offer. Related mechanics (booster pack openings, loot boxes, reward wheels) are analysed in our page on booster packs, loot boxes and gambling law.

What the Law of 9 June 2023 requires from influencers

The Law of 9 June 2023 covers anyone who, in return for payment or a benefit in kind, uses their reputation to promote goods or services online. For gambling, its Article 4 sets four rules.

• Platforms. Promotion is allowed only on platforms that offer a technical means of excluding under-18s from the audience, and only if the influencer activates it. Arcom, the French media regulator, sets the standard for these tools after consulting the ANJ and the CNIL.
• Notice. Each piece of content states, clearly and legibly, that it is prohibited for under-18s.
• Contract. The contract with the operator includes a clause in which the influencer confirms knowing the rules on commercial communications for gambling and undertakes to comply with them.
• Tipsters. Any promotion of subscriptions to sports betting tips or predictions is prohibited.

The law also requires each piece of content to state its commercial nature, with the words “publicité” (advertisement) or “collaboration commerciale” (paid partnership). These rules also apply to influencers based outside France when they target the French public.

Rules for any gambling communication

The influencer relays the operator’s commercial communication. It must therefore comply with the Internal Security Code.

• Warning message. Any commercial communication for an authorised operator carries a warning against excessive or compulsive gambling (CSI, Art. L. 320-12). The message refers to the public helpline for gamblers; online, it appears at the same time as the promotional message and links to the help service (CSI, Arts. D. 320-2 and D. 320-8). Its wording is set by order of the Minister of Health.
• Prohibited content. The communication may not encourage or glorify excessive gambling, suggest that gambling leads to social success, make unfounded claims about the chances of winning, or present gambling as a way to earn a living (CSI, Art. D. 320-9).
• Minors. It may not feature minors, encourage minors to see gambling as an ordinary pastime, or use figures or characters from their world (CSI, Art. D. 320-10).

The ANJ may order an operator to withdraw a communication that encourages minors or self-excluded persons to gamble, or that pushes towards excessive gambling.

What risks does the influencer face?

• Promoting an illegal offer, such as an online casino: a fine of EUR 100,000, which the court may raise to four times the advertising spend on the operation (CSI, Art. L. 324-3).
• Breach of the Article 4 gambling rules (platform, notice, contract): the fine set by Article L. 324-8-1 of the CSI, and a possible ban on carrying out commercial influence.
• Misleading content (easy winnings, risks left out): the penalties for misleading commercial practices under the French Consumer Code.

The operator is also liable for its communications: the ANJ supervises licensed offers and may go to court to have illegal sites blocked.

Our recommendations

• Check the operator’s licence and the category of game promoted before signing anything.
• Turn down any partnership with an online casino or an unlicensed operator targeting France, including through affiliate links or promo codes.
• Sign a written contract that includes the clause required by law, allocates liability and provides for prior approval of content.
• Activate the platform’s age filter and display the under-18 notice throughout the promotion.
• Keep records of published content, platform settings and exchanges with the operator.

For content about crypto-assets, the rules on promoting crypto-asset services also apply; ORWL Avocats sets them out in its page on promoting crypto services in France: influencers, media and affiliates.