Gambling on Twitch can cost up to €500,000 – We asked why it is still shown

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Slots, or slots, are a huge category on the Twitch streaming platform. 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 shown anyway.

What is gambling on Twitch all about?

  • “Slots” is the gambling category on Twitch and was the 10th most watched category in July 2022 – ahead of Fall Guys and just behind Dota 2 (via sullygnome).
  • The US streamer Trainwreck is one of the best known and biggest streamers. In March he won 12.7 million euros on a spin.
  • The “Slots” also had a heyday in Germany, especially with the likes of MontanaBlack and Knossi. However, Knossi decided in 2021 to stop gambling as a “role model”.

    • Who is the lawyer? In order to clear up the issue of whether all this is actually legal in Germany, we interviewed the “Internet lawyer” Christian Solmecke. We spoke to him before about Lost Ark and whether the MMORPG could be banned in Germany.

    Solmecke is a specialist in Internet and media law and works as a lawyer and partner at the Cologne law firm Wilde Beuger Solmecke, WBS for short. Before that, he worked as a journalist for Westdeutscher Rundfunk, among others. His portfolio also includes:

  • Several books on online law. Recently published “The Pocket Lawyer”
  • The founding of several IT startups
  • Solmecke is also Managing Director of the German Institute for Communication and Law on the Internet (“DIKRI”) and the cloud-based law firm software Legalvisio.de.

    • Solmecke also quickly became known as an “internet lawyer” with his YouTube channel. He often picks up current topics in the field of internet and gaming and answers questions in his videos. We were also able to ask him a few questions on the subject.

    In the video we show you the first successful streamers on Twitch:

    Twitch: Who were the first successful streamers?

    There is a “fine of up to 500,000 euros” for gambling

    MeinMMO: If German streamers are forbidden to show gambling – why can you watch US streamers who play for a lot of money on Twitch?

    Solmecke: These are not aimed at the German market, so the German gambling rules do not apply to them. The fact that it is possible to watch them in the USA from Germany via the Internet does not change that.

    MeinMMO: What are the rules in Germany regarding the broadcasting of games of chance?

    Solmecke: Participation in online gambling and advertising for online gambling that does not have a valid German license is punishable (§§ 284 Para. 4, 285 StGB). The organization and brokering of public games of chance without a German license is also prohibited under the State Treaty on Gambling and can be punished 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 geared towards the German market. It has only been possible to obtain a gambling license for online gambling in Germany since 2001, according to the new State Treaty on Gambling. The only exception are old licenses issued by Schleswig-Holstein, which only entitle you to play in and from Schleswig-Holstein and not online throughout Germany.

    So far, however, there are no providers who have a German license for online casinos or online poker – in this respect, almost all existing offers are currently illegal. Only three virtual slot providers have online licenses.

    MeinMMO: A few years ago, streamers like MontanaBlack and Knossi had a lot of success with gambling on Twitch. Now they have retired. Could this be due to a change in the law?

    Solmecke: No, foreign online sweepstakes were largely illegal even before the new State Treaty on Gambling 2021 (except for a few that had an old license exclusively for Schleswig-Holstein).

    This is probably due to the fact that “Monte” has had a lot of legal trouble for its streams. We have previously reported on criminal prosecutions, particularly against Montana Black. He had to endure a house search by the public prosecutor’s office on suspicion of illegal gambling, among other things. One of his accounts with almost 90,000 euros was seized. The illegal gambling case was later dropped only in return for payment. Only then did he officially stop gambling.

    Jan Böhmermann in particular reported on “Knossi” and his dubious gambling deals. Perhaps the public pressure was too high.

    We have included the video on the case of MontanaBlack for you here:

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    MeinMMO: Do streamers have to state if they have special deals with the casino and if they 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 under competition law for misleading consumers if they do not make it transparent that they are not putting their own money at risk here, but are being paid for it by the casinos.

    MeinMMO: Thanks for the answers!

    The topic of gambling and Twitch has been occupying the German media landscape for a while. ZDF published a report on this back in 2020:

    ZDF shows how German Twitch streamers earn from gambling addiction

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