Polymarket blocked in Italia; website back on the Customs blacklist
The new injunction reopens an issue that concerns not only the legal classification of the platform, but also certain potential implications for advertising and sports sponsorship
Polymarket has once again been added to the list of blocked websites by the Customs and Monopolies Agency (ADM). The prediction market platform has been blocked in Italy, thus returning to the blacklist of unauthorised websites accessible from Italia – according to Agimeg.
This is a development that brings back into the spotlight a case that had already come to light in recent months. Polymarket had, in fact, already been subject to a blocking order by ADM. Following an appeal by Polymarket, the Lazio Regional Administrative Court had ‘reopened’ the website. The new ban therefore reopens an issue that concerns not only the legal classification of the platform, but also certain potential implications for advertising and sports sponsorship.
The previous one
Polymarket’s first ban – Agimeg points out – dates back to last year, when ADM included the site on the list of platforms not authorised to offer services relating to public gambling in Italia. The company challenged the decision before the Lazio Regional Administrative Court, arguing that its business was not comparable to that of a traditional betting operator, but rather to a prediction market based on the exchange of odds between users.
During the proceedings, the website became accessible again from Italia, and the administrative ruling did not conclude with a decision on the merits of the platform’s legal status. Consequently, there is no ruling establishing whether or not Polymarket may operate in Italia as a platform distinct from the betting sector. With ADM’s new measure, the matter has returned to the forefront.
The reference to Article 4 of Law 401/1989
The basis for the injunction is the legal framework set out in Article 4 of Law No. 401 of 13 December 1989, which regulates the organisation and unauthorised operation of games of chance and betting. Paragraph 1 of that provision provides for penalties for anyone who organises or carries out activities involving the collection of bets or gambling without the necessary licence or authorisation required under Italian law. This provision is one of the main legal bases for combating unauthorised gambling.
