Poland targets gambling streaming with criminal law reform

Poland has taken a significant step toward tightening control over online content and gambling promotion by advancing a draft amendment to the Penal Code that would criminalise certain forms of digital broadcasting and influencer activity. The proposal reflects growing concern within government over the reach of online platforms and the influence of streamers whose content often blurs the line between entertainment and illegal activity.

At the centre of the reform is an effort to address “Patostreaming”, a term used in Poland to describe online broadcasts that depict violence abuse or sexually degrading behaviour. Lawmakers now want to extend this concept further by including the promotion of online gambling within the scope of criminal liability. If adopted the legislation would represent one of the most restrictive approaches to gambling related content in Europe.

The initiative is being presented as part of a broader attempt to ensure that criminal acts committed online are treated with the same seriousness as those taking place offline. Supporters of the bill argue that the digital environment has allowed harmful behaviour to flourish with limited consequences and that existing laws no longer reflect the realities of modern media consumption.

Background to the proposed legal changes

The draft law has been formally submitted to the Polish Parliament and proposes amendments to the Penal Code that would introduce new offences aimed at digital content creators. While the original focus of the reform was on extreme online broadcasts the scope has widened to cover influencers who promote online gambling services.

Under the proposal individuals who publish or stream real or staged depictions of serious crimes could face custodial sentences ranging from three months to five years. The same range of penalties would apply to influencers who promote gambling services in violation of Polish law. This parity of punishment is intended to signal that the state views both categories of behaviour as equally harmful.

Poland already operates one of the most tightly controlled gambling regimes in the European Union. Online casino gaming and land based casinos are subject to a state monopoly while sports betting is permitted only under a licensing system. Against this background the promotion of offshore gambling operators has been a persistent enforcement challenge.

Influencer marketing under scrutiny

The inclusion of gambling promotion within the Penal Code marks a notable shift in regulatory strategy. Until now enforcement actions have largely focused on administrative penalties fines or website blocking measures aimed at unlicensed operators. The proposed reforms would instead place direct criminal responsibility on individuals who promote such services.

Influencers who stream gambling sessions or advertise online casinos to Polish audiences could therefore face prison sentences if the law is enacted. Lawmakers argue that many of these promotions are targeted at young viewers and that the persuasive power of popular streamers makes the practice particularly dangerous.

Authorities have expressed concern that gambling streams often present a distorted image of risk and reward. High value wins are frequently highlighted while losses and the long term financial consequences of gambling are downplayed. When combined with the informal tone of influencer content this can create a misleading perception that gambling is an easy source of income.

Recent enforcement actions against unlicensed gambling

The legislative initiative follows a series of coordinated actions by Polish authorities against unlicensed gambling activity. The Ministry of Finance the Financial Supervision Authority and the national police have in recent months carried out joint operations targeting influencers suspected of promoting offshore casinos.

These actions have included raids and investigations linked to content published on platforms such as Twitch YouTube and Kick. In several cases influencers were accused of encouraging viewers to register with foreign gambling websites that are not authorised to operate in Poland.

At the same time the Financial Supervision Authority has increased pressure on payment service providers to cut off access to unlicensed operators. Payment intermediaries have been instructed to block transactions to and from offshore casinos with the aim of disrupting their ability to serve Polish customers.

This approach has reportedly led to the removal of popular payment methods such as BLIK from certain gambling sites. By restricting financial flows authorities hope to make unlicensed gambling less accessible even where website blocking can be circumvented.

Structure of the Polish gambling market

Understanding the impact of the proposed reforms requires an appreciation of Poland’s gambling framework. Sports betting is legal under licence with operators required to meet strict regulatory and tax obligations. Both retail and online betting markets are supervised by the Ministry of Finance.

In contrast casino gaming both online and land based falls under a state monopoly. Totalizator Sportowy a state owned enterprise operates the country’s casinos and online casino platform. Lotteries are also exclusively run by the same entity.

This structure means that any promotion of private online casino operators is inherently unlawful. Influencers who advertise offshore casinos are therefore not merely operating in a grey area but are actively promoting services that are prohibited under Polish law.

Political support for the reforms

The draft legislation has been backed by ministers from Poland’s Civic Coalition government which was formed following the most recent parliamentary elections. The coalition includes Citizens Platform Modern and Polish Initiative and has emphasised a commitment to strengthening the rule of law and protecting vulnerable groups.

Representatives of the governing parties have described the reforms as a necessary update to criminal law in light of technological change. They argue that young people in particular are exposed to harmful content on social media platforms and that existing regulations do not provide sufficient deterrence.

By embedding these provisions within the Penal Code the government aims to equip prosecutors with stronger tools to pursue cases against individuals who profit from illegal or harmful online activity. Supporters maintain that this approach will also encourage platforms and content creators to take greater responsibility for the material they publish.

Youth protection as a legislative priority

A recurring theme in the government’s justification for the bill is the protection of minors. Officials have pointed to the growing popularity of live streaming platforms among teenagers and the difficulty of preventing underage users from accessing adult content.

Violent or degrading streams as well as gambling promotions are seen as particularly problematic in this context. Research cited in parliamentary debates suggests that repeated exposure to such material can normalise risky behaviour and undermine existing safeguards.

The proposed criminal sanctions are therefore framed as part of a wider youth protection agenda. Ministers have argued that the threat of imprisonment is necessary to deter influencers who might otherwise view fines or account suspensions as a cost of doing business.

Proposed regulation of loot boxes

The focus on youth protection is also evident in parallel initiatives aimed at the video games industry. In December a draft amendment to Poland’s Gambling Act was introduced to address the issue of loot boxes in games.

The proposal would create a new legal category for games that offer virtual goods through paid mechanisms with randomly awarded prizes. Under the amendment such mechanics would be treated as a form of gambling and would be restricted to individuals aged 18 and over.

Game developers and publishers offering loot boxes would be required to obtain a licence and comply with the Gambling Act’s consumer protection reporting and compliance obligations. This would include measures designed to prevent excessive spending and ensure transparency around odds.

Enforcement challenges in digital markets

While the proposed reforms are ambitious their practical enforcement presents challenges. Many platforms that host gambling related content operate across borders and are not based in Poland. Similarly offshore gambling operators often rely on complex international infrastructures.

Effective enforcement therefore depends on cooperation with payment providers hosting services and platform operators. Authorities have acknowledged that age verification in online environments remains difficult particularly when content is freely accessible.

Nevertheless supporters of the legislation argue that criminalising influencer promotion will have a chilling effect even in cases where enforcement is complex. The prospect of personal liability may lead content creators to avoid gambling related material altogether rather than risk prosecution.

Legal and industry implications

If adopted the reforms could significantly reshape the relationship between influencers gambling operators and regulators in Poland. Content creators would need to exercise far greater caution when engaging with gambling related themes even where no direct financial promotion is involved.

For the gambling industry the changes reinforce Poland’s commitment to a restrictive market model centred on state control. Licensed sports betting operators may benefit indirectly if enforcement reduces the visibility of offshore casinos that compete for consumer attention.

At the same time the legislation signals a broader willingness by Polish authorities to use criminal law as a regulatory tool in the digital sphere. This approach may influence future debates around online advertising consumer protection and platform responsibility.

Outlook and next steps

The draft law is still subject to parliamentary debate and potential amendment. As with any significant criminal law reform it is likely to attract scrutiny from legal experts industry stakeholders and civil society groups.

Questions remain around proportionality freedom of expression and the practical limits of enforcement. However the political momentum behind the bill suggests that some form of tightening is likely.

For influencers operating in Poland or targeting Polish audiences the message is clear. Gambling promotion is increasingly viewed not just as a regulatory issue but as a potential criminal offence. As the legal landscape evolves content creators platforms and operators alike will need to reassess their practices to ensure compliance.

Conclusion

Poland’s proposed amendments to the Penal Code reflect a decisive shift toward stricter oversight of digital content and gambling related activity. By extending criminal liability to influencers who promote online gambling and to those who broadcast harmful material the government is signalling that online behaviour will no longer be treated as a lesser concern than comparable conduct offline. The reforms are framed not only as an enforcement measure but as a broader effort to modernise criminal law in response to changing media habits and technological realities.

The initiative also underscores Poland’s long standing commitment to a tightly regulated gambling market built around state control and limited private participation. In this context the criminalisation of influencer marketing for offshore casinos is consistent with existing policy objectives and reinforces the boundaries of what is permitted under national law. At the same time the parallel focus on loot boxes and youth protection highlights a wider regulatory ambition that extends beyond gambling alone to address emerging risks in digital entertainment.

While questions remain around proportionality and practical enforcement the direction of travel is clear. Influencers platforms and gambling operators targeting Polish audiences will be expected to exercise far greater caution and legal awareness. If enacted the reforms are likely to have a lasting impact on the online content landscape in Poland strengthening the state’s ability to protect consumers and particularly minors while reaffirming that the rule of law applies equally in digital spaces.

FAQs

What is meant by “Patostreaming” in Poland?
The term refers to online broadcasts that depict violence abuse or sexually degrading behaviour and is used to describe content considered socially harmful.

Why is gambling promotion being included in criminal law?
Lawmakers argue that influencer promotion of gambling has a strong impact on young audiences and undermines existing gambling restrictions.

What penalties are proposed for gambling influencers?
The draft law предусматривает prison sentences ranging from three months to five years for unlawful promotion.

Is gambling legal in Poland?
Sports betting is legal under licence while casinos and online casino gaming operate under a state monopoly.

Who runs the state monopoly for gambling?
Totalizator Sportowy is the state owned company responsible for casinos online casino gaming and lotteries.

Which platforms have been targeted in enforcement actions?
Authorities have investigated content on platforms such as Twitch YouTube and Kick.

How are payment providers involved in enforcement?
Payment service providers have been instructed to block transactions to unlicensed gambling operators.

What are loot boxes and why are they being regulated?
Loot boxes are in game purchases with random rewards and are being treated as a form of gambling under proposed amendments.

Will loot boxes be banned entirely?
No but they would be restricted to adults and subject to licensing and consumer protection rules.

When could the new laws take effect?
The draft legislation must still pass through parliamentary procedures before any provisions are enacted.