One-armed bandits, or “slots”, are a huge category on the streaming platform Twitch. Even German streamers have dedicated themselves to gambling. MeinMMO asked the well-known lawyer Christian Solmecke whether this is even allowed – and why it is still being shown.
What is the deal with gambling on Twitch?
- “Slots” is the gambling category on Twitch and was ranked 10th among the most viewed categories in July 2022 – ahead of Fall Guys and just behind Dota 2 (via sullygnome).
- The US streamer Trainwreck is one of the most well-known and largest streamers. In March, he won 12.7 million euros in a spin.
- Even in Germany, “slots” had a boom, especially with figures like MontanaBlack and Knossi. However, Knossi decided to stop gambling as a “role model” in 2021.
Who is the lawyer? To clear up whether this is all legal in Germany, we asked “internet lawyer” Christian Solmecke. We had previously spoken with him about Lost Ark and whether the MMORPG could be banned in Germany.
Solmecke specializes in internet and media law and works as a lawyer and partner at the Cologne law firm Wilde Beuger Solmecke, short WBS. He previously worked as a journalist, among others at the Westdeutscher Rundfunk. His portfolio also includes:
- Several books on online law. Most recently published is “The Pocket Lawyer“
- The founding of several IT startups
- Solmecke is also managing director of the German Institute for Communication and Law in the Internet (“DIKRI”) as well as the cloud-based law firm software Legalvisio.de.
Solmecke also quickly became known with his YouTube channel as “internet lawyer”. He often addresses current topics in the field of internet and gaming and answers questions in his videos. We were also able to ask him some questions on the topic.
In the video, we show you the first successful streamers on Twitch:
A “fine of up to 500,000 euros” is threatened for gambling
MeinMMO: If it is prohibited for German streamers to show gambling – why can we then watch US streamers play for a lot of money without hindrance on Twitch?
Solmecke: They do not target the German market; therefore, German gambling rules do not apply to them. It does not change anything that it’s possible to watch them online from Germany.
MeinMMO: What rules are there in Germany regarding the broadcasting of gambling?
Solmecke: Participation in online gambling and advertising for online gambling that does not have a valid German license is punishable by law (§§ 284 Abs. 4, 285 StGB). Organizing and facilitating public gambling without a German license is also prohibited under the State Treaty on Gambling and can be sanctioned as an administrative offense with a fine of up to 500,000 euros.
A license from another EU country is not sufficient for this if it is also aimed at the German market. It has only been possible to obtain a gambling license for online gambling in Germany since the new State Treaty on Gambling in 2001. The only exception is old licenses granted by Schleswig-Holstein, which only allow play in and from Schleswig-Holstein and not online across Germany.
So far, however, there are no providers that have a German license for online casinos or online poker – thus, almost all existing offers are currently illegal. Only three providers of virtual slot games have online licenses.
MeinMMO: A few years ago, streamers like MontanaBlack and Knossi had great success with gambling on Twitch. Now they have withdrawn. Could this be due to a change in the law?
Solmecke: No, foreign online gambling was largely illegal even before the new Gambling State Treaty 2021 (except for a few with an old license exclusively for Schleswig-Holstein).
This is likely due to the fact that “Monte” has faced a lot of legal trouble for his streams. We have already reported in the past about criminal proceedings, especially against Montana Black. He had to endure a raid by the public prosecutor’s office, among other things due to the suspicion of unauthorized gambling. One of his accounts with nearly 90,000 euros was seized. The proceedings for illegal gambling were later dismissed only in exchange for a payment. Only then did he officially stop gambling.
Particularly Jan Böhmermann has reported on “Knossi” and his dubious gambling deals. Perhaps the public pressure became too high.
We have embedded the video about the case of MontanaBlack for you here:
MeinMMO: Do streamers have to disclose if they have special deals with the casino and are financially supported – or only play with “borrowed money”?
Solmecke: First of all, participating in and promoting illegal gambling is illegal. But even if it were legal, streamers could be warned for misleading consumers under competition law if they do not make it clear that they are not risking their own money but are being paid by the casinos for it.
MeinMMO: Thank you for the answers!
The topic of gambling and Twitch has already occupied the German media landscape for some time. Already in 2020, ZDF published a report on this:
ZDF shows how German Twitch streamers profit from gambling addiction
