HIPTHER Community Voices: Interview with Attorney-at-law and founder at Kancelaria Adwokacka Dr. Justyna Grusza-Głębicka

With over a decade of experience in legal proceedings and a focus on gambling regulation and anti-money laundering compliance, Dr. Justyna Grusza-Głębicka is a leading voice in navigating the legal complexities of the gambling sector. In this interview, she shares her insights on the effectiveness of current safe gambling campaigns, the growing influence of social media in promoting illegal gambling, and the urgent need for regulatory reform in Poland.

Do you believe current awareness campaigns about safe gambling are working? What more should be done to educate players?

I do not have detailed analysis or data to confirm whether they are truly effective. However, the problem still exists. First of all, I am contacted as a lawyer by players who feel deceived by gambling operators. Players report violations regarding responsible gambling (for example, offering gambling to individuals who show clear signs of addiction) or in the area of AML (disregarding the fact that someone is gambling from another EU country when the operator does not hold a license there). Moreover, the media reports numerous cases involving the exposure of children to gambling – for example, by placing slot machine like devices in amusement parks or introducing gambling like mechanisms into video games accessible to minors. These violations are numerous, so clearly more can be done. To better educate players, influencers and social media platforms should be involved in the campaigns. These are currently the most effective tools for reaching people.

What are some common ways illegal gambling sites reach Polish players today? Are social media platforms a big part of the problem?

Social media plays a significant role. Influencers are actively involved in promoting illegal gambling and are very effective, especially as role models for younger generations. The live streams they conduct are difficult for enforcement authorities to monitor, and links to illegal casinos or poker sites are often shared in the comment sections during those streams. Currently, there is a trend of creating closed groups on platforms like Facebook, WhatsApp, or Signal, where players are encouraged to participate in illegal gambling and persuaded of its attractiveness. Big Tech companies like Google and Facebook are not helping in the fight against illegal gambling, as they allow such operators to advertise and be promoted through SEO.

Is the current legal system strong enough to go after these middlemen, or does it need updating too?

It is very difficult to prosecute gambling operators that offer services in Poland but are based abroad due to international legal obstacles. However, the current legal system does include tools for prosecuting intermediaries. Article 110a of the Fiscal Penal Code states that anyone who advertises gambling games in violation of the law or benefits from such advertising is subject to a fine. Additionally, under the Penal Code, there is a provision for aiding and abetting a prohibited act. Organizing gambling games without the required license is a criminal offense, and in such cases, the penalty for aiding and abetting is the same as for the principal offender. Aiding can be attributed to virtually anyone who supports the perpetrator in committing the offense.

Do you think most Polish players know whether a site is legal or not? How can they check this easily?

Research shows that only 38% of players know how to identify legal gambling websites. The legality of a gambling operator or website can be verified on the official government website: podatki.gov.pl or in the Register of Domains Used to Offer Gambling Games in Violation of the Law. However, the data indicates that it’s not that straightforward, as more than half of the players lack this knowledge.

What advice would you give to a player who has been scammed by an unlicensed online casino? Is there any legal step they can take?

First, I would advise reporting the crime to the authorities, even at the risk of personal liability, as this may be mitigated. In Poland, participating in foreign (unlicensed) gambling is punishable, so players also bear legal responsibility. Second, players can send payment demands to the entities responsible for organizing the illegal gambling, including payment institutions, although this approach may be ineffective. Under civil law, players are only protected when it comes to claims arising from legal gambling. Criminal proceedings are generally a better path. It’s also possible to seek protection through courts within the European Union.

And finally—do you think Poland is heading in the right direction when it comes to regulating online gambling? What are realistic changes you hope to see in gambling laws in the next year or two?

The last amendment to the Gambling Act was in 2016, so quite a bit of time has passed, and the world of modern technology is advancing rapidly. It is definitely time for change.

Recently, there has been an active debate on the future of gambling regulation in Poland – both within the industry and at the governmental level. A meeting of the Parliamentary Team for Free Market was organized under the topic: Illegal gambling in Poland – Diagnosis of problems in enforcement and proposed solutions, which I had the pleasure of attending. At the end of 2024, a new department dedicated to the gambling sector was also established. These may be signs of coming change.

The most visible demands include the liberalization of online casinos, which are currently under a state monopoly, and a shift from turnover tax to GGR. I believe that liberalizing the online casino market is a realistic development. Poland is struggling with a large grey market in gambling, and experiences from other EU countries show that allowing previously unlicensed operators to operate legally yields positive outcomes in this area.

Focusing on less headline-grabbing reforms, I would point to the need for improving the process through which the Ministry of Finance determines whether a particular game qualifies as gambling, currently, this process is quite costly. In general, facilitating better communication between the industry and the regulator would help avoid many misunderstandings caused by unclear legal provisions.