The Supreme Court of Ukraine has ruled that mentioning the brand or trademark of a gambling operator should be considered gambling advertising and therefore falls under the restrictions established by national advertising legislation. As a result, the court supported the position of the state agency PlayCity regarding limitations on outdoor advertising for gambling.
 

Regulator Receives Support from the Supreme Court

In case No. 320/33758/24, the Supreme Court of Ukraine backed the stance of the state agency PlayCity regarding the prohibition of gambling advertising in outdoor media formats.

The court determined that the use of a gambling operator’s brand name or trademark should be regarded as advertising of gambling services. Accordingly, such information must comply with the restrictions established by the Law of Ukraine “On Advertising”.

This interpretation clarifies how references to brands associated with gambling should be regulated in public advertising spaces.
 

Background of the Case

The case was initiated following a regulatory decision on April 18, 2024, when Ukraine’s gambling market regulator imposed a fine on the media company Lux Radio Broadcasting Company for placing outdoor advertising that mentioned a brand associated with gambling.

The broadcasting company challenged the regulator’s decision in court. During the appeal and cassation stages, the interests of the state were represented by the PlayCity agency. Following the review, the Supreme Court confirmed the legality of the fine.
 

Legal Position of the Supreme Court

In its ruling, the court noted that information about the brand of a gambling organizer effectively constitutes gambling advertising. Therefore, it is subject to the restrictions set out in the Law of Ukraine “On Advertising”.

The court also concluded that placing such information in outdoor advertising formats violates the requirements of the law. On this basis, it recognized the regulator’s application of financial sanctions as lawful.
 

Implications for the Ukrainian Market

The decision establishes a precedent in the interpretation of gambling advertising regulations in Ukraine. By explicitly equating the use of a gambling operator’s brand in outdoor advertising with the advertising of gambling services, the ruling sets a unified standard for reviewing similar cases.

According to PlayCity, the agency will continue to monitor compliance with advertising legislation in the gambling sector in line with the court’s position. The court decision provides media companies and licensed operators with clear guidance on the permissible visibility of gambling brands in public advertising spaces.

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