Bulgaria Allows Social Media Influencers to Promote Gambling

In a surprising turn of events, Bulgaria’s National Revenue Agency (NRA) has clarified its stance on gambling advertising, permitting gambling activities advertising through social media influencers despite placing an almost blanket ban on media marketing only three months earlier. The agency’s interpretation of the law has sparked controversy and casts doubt on how effective Bulgaria will be in controlling gambling advertisements.

Social Media Do Not Count as Media

The confusion stems from the recently imposed strict restrictions on gambling promotion in all media, including online. However, a recently released document by NRA director Rumen Spetsov clarified that the measure would apply to traditional media and their online editions and would not impact social networking sites like Facebook, Instagram, TikTok, and YouTube.

Spetsov’s interpretation followed a public inquiry by local news outlet Mediapool seeking clarity on the scope of the advertising ban. According to the NRA, social media platforms do not fall under the legal definition of “media,” as outlined in Bulgaria’s Broadcasting Act. The agency thus reasons that users voluntarily follow influencers and register on these platforms, thereby giving implied consent to view such content.

Every citizen has the right to decide whether or not to set up their own social network account as well as the type of information they wish to access according to their interests.

Rumen Spetsov, NRE director

This interpretation, however, has raised concern among critics who believe it undermines the law’s intent to restrict gambling ads across all media. The original ban, passed in May, sought to address concerns over the accessibility and impact of gambling promotions, particularly on vulnerable populations like children who spend increasingly more time online.

The Decision Raises Broader Gambling Harm Concerns

Spetsov’s reasoning hinges on a narrow interpretation of the term “media,” which he defines as mass communication channels with a broad reach. He also warned against attempts to bypass the ban by utilizing traditional media to redirect audiences to social media platforms where gambling content is advertised, saying that “editorial responsibility regarding content” was a leading factor in determining the legality of such promotions.

The NRA’s position has raised additional questions about the advertising ban’s enforcement. The agency has already admitted it would review each case on its own merits. However, Spetsov’s clarifications imply that gambling content on social media is permitted, provided it is not on platforms meeting the legal definition of “media.” For example, despite their massive reach, video-sharing websites like YouTube are unaffected.

I consider that social platforms such as Facebook, Twitter/X, Instagram, and TikTok are not media within the scope of the Broadcasting Act, and therefore, there is no reason to restrict them.

Rumen Spetsov, NRE director

This stance has drawn significant criticism as many argue that it could result in increased gambling ads on social media, disproportionately impacting younger audiences who are more active on these platforms. Coupled with the ambiguity in the law, this interpretation by the NRA could potentially weaken consumer protection efforts and lead to an increase in gambling harm.