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Poland: Law criminalising streaming illegal content moves forward

The law makes it a criminal offence to publicly share content depicting illegal acts or showing how such acts can be imitated, including illegal gambling-related content.

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Key Points
Criminal liability applies when content is published for financial gain or other personal benefit and covers illegal gambling, humiliating treatment and other unlawful behaviour
Exemptions apply to content shared for artistic, educational, journalistic, scientific or public interest purposes

The Polish Sejm, the Lower House of the Parliament, has passed a law criminalising " patrostreaming," the online distribution of illegal content, including gambling. The bill received the support of 419 MPs, with only 19 votes against and one abstention.

The new regulations make it a criminal offence to publicly share content that shows a prohibited act being committed or demonstrates how to imitate or recreate such an act.

Criminal liability will apply where the publication of such material is intended to secure financial gain or another personal benefit. The law also covers content depicting degrading treatment of others, violations of physical integrity that result in humiliation and other illegal acts.

However, in some cases, if content sharing is undertaken as part of artistic, educational, press and scientific activities or for the purposes of protecting the public interest, it is not considered a crime.

If the Senate does not introduce significant changes to the draft law, it will proceed to the president for signature.

Experts from Totalizator Sportowy, the Polish Bank Association and the National Clearing House recently called for a new approach to tackling illegal online gambling. They say the next phase of enforcement should focus on financial data analysis, artificial intelligence and closer cross-sector cooperation.

Illegal gambling operators are no longer solely a problem for the gaming industry. They are increasingly part of the ecosystem of cybercrime, money laundering and financial fraud.

In February, Totalizator Sportowy and the Polish police signed a cooperation agreement to combat illegal gambling.

Good to know

Estimates suggest that 20–30% of the Polish online casino segment remains unregulated

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