The situation has unexpectedly changed, as the Bulgarian National Revenue Agency (NRA) clarified its stance on gambling advertisements, allowing them through social media influencers despite a near-total ban on media marketing three months ago. The agency's interpretation of the law has sparked controversy and raised doubts about Bulgaria's effectiveness in controlling gambling advertisements.
Social Media is Not Considered Media
This confusion stems from the recent strict restrictions implemented on all media (including online media) for gambling promotions. However, a recent document released by NRA Director Rumen Spetsov clarified that the measure would apply to traditional media and their online versions, not affecting social sites like Facebook, Instagram, TikTok, and YouTube. Spetsov's explanation followed a public inquiry by the local news agency Mediapool, aimed at clarifying the scope of the advertising ban. The NRA states that social media platforms do not fall under the legal definition of "media" outlined in Bulgaria's Broadcasting Law. Therefore, the agency infers that users voluntarily follow influential people and register on these platforms, thereby consenting to view such content.
Every citizen has the right to decide whether to establish their own social media accounts and what type of information they wish to access based on their interests.
NRA Director Rumen Spetsov's interpretation, however, has raised concerns among critics who believe it undermines the intent of the law to restrict gambling advertisements across all media. The initial ban was passed in May, aimed at addressing concerns about the accessibility and impact of gambling promotions, especially on vulnerable groups such as children spending increasingly more time online.
The Ruling Raises Broad Concerns About Gambling Harms
Spetsov's reasoning is based on a narrow interpretation of the term "media," defining it as channels of mass communication with broad influence. He also warned against attempts to use traditional media to redirect audiences to social media platforms that promote gambling content to circumvent the ban, stating that "content editorial responsibility" is the main factor in determining the legality of such promotions.
The NRA's stance has raised more questions about the enforcement of the advertising ban. The agency has acknowledged that it will review each case based on specific circumstances. However, Spetsov's clarification means that as long as it is not on platforms that meet the legal definition of "media," gambling content is allowed on social media. For example, despite their vast reach, video-sharing sites like YouTube are not affected.
I believe that social platforms like Facebook, Twitter/X, Instagram, and TikTok do not fall under the media category governed by the Broadcasting Law, and therefore, there is no reason to restrict them.
NRA Director Rumen Spetsov's stance has drawn strong criticism, with many believing it could lead to an increase in gambling advertisements on social media, disproportionately affecting the more active younger audience on these platforms. Coupled with the legal ambiguity, this interpretation by the NRA could weaken consumer protection efforts, leading to increased gambling harms.
