An interesting development in gambling market supervision: in a rare occurrence, the preliminary relief judge has granted a preliminary injunction to (temporarily) publish a sanction decision of the Netherlands Gaming Authority (NGA) only in anonymized form. A rare breakthrough that breaks with the supervisor’s standard publication practice.
The legal framework
For years, the NGA has maintained a strict enforcement policy against foreign providers and routinely publishes sanction decisions with full identification, even before the objection procedure is completed. Other supervisory authorities follow this practice as well.
The impact of these publications is often far-reaching and extends beyond the Dutch market. Publication can lead to significant reputational damage and the loss of business relationships. These consequences are particularly problematic because they are difficult to reverse, even if the sanction decision later proves to be unlawful.
Preliminary Injunction
SOLV is involved in this case against the Gaming Authority. The cause was an imposed penalty order, where the NGA decided to publish the sanction decision. In response, we requested a preliminary injunction on behalf of our client to suspend this publication until the legitimacy of the penalty order has been decided.
The case illustrates the tension between transparency and legal protection. The preliminary relief judge did not rule on the legitimacy of the penalty decision itself but focused on weighing the interests regarding publication.
What was notable about this case was that the judge ruled that the company’s interest in this specific case outweighed the general interest in immediate full disclosure. Relevant factors included the expected problems with payment processors, the relatively short duration of the objection procedure, and the fact that the alleged violation had already been terminated.
The preliminary relief judge usually rejects requests to suspend publication. The public interest in immediate and complete disclosure typically carries significant weight. However, in this case, the judge chose a different course. After the oral hearing on December 6th, the preliminary relief judge immediately ruled: the sanction decision may temporarily only be published in anonymized form.
Practical implications
This ruling emphasizes that publication decisions require careful consideration of interests. It’s not just about whether to publish, but also about how and when to publish. The ruling shows that there is room for customization, where anonymized publication can serve as an alternative to full disclosure.
For businesses, it is essential to map out the potential impact of a publication decision in a timely manner. This requires a thorough analysis of the specific market position, international activities, and business relationships. Thorough preparation can be crucial for successfully challenging a proposed publication.
Looking ahead
The complexity of publication decisions and their potentially far-reaching consequences make specialist knowledge indispensable. Each situation requires its own strategy, where both legal and practical aspects must be carefully weighed. It is advisable to seek legal counsel in a timely manner when faced with a proposed publication to explore the specific possibilities.
SOLV Attorneys has extensive experience in proceedings against supervisory authorities. Are you facing enforcement measures by the NGA (or another authority) or do you need advice on similar matters? Please contact our Gaming & Gambling department. We would be pleased to discuss your situation.
