Poles Afraid to Report Illegal Online Casinos Due to Threat of Fines
Earlier we reported that around €50 billion has flowed to offshore operators from Poland since 2017.
Legal Trap for Players
According to Article 107-1 of the Polish Fiscal Penal Code, organizers of gambling without a license are subject to penalties. However, in practice, the law is impossible to apply to offshore operators.
At the same time, part 2 of this article penalizes the players themselves for participating in illegal games. They may face a fine of up to 120 daily income rates. As a result, consumers are afraid to report violations, fearing consequences for themselves.
This particular feature of the legislation has led Polish players to stay silent, even if they have become victims of fraud.
When Silence Benefits Offenders
Imagine a situation: a player loses money at a Curacao-licensed casino and tries to recover the funds. But he finds out the site operates illegally in Poland. Instead of filing a complaint, he stays silent — out of fear of punishment.
This “chilling effect” paralyzes the system. Victims don’t report violations, making it impossible to assess the scale of the problem.
Although the law is formally aimed at curbing illegal gambling, in practice it protects unscrupulous operators — simply because victims are afraid to speak out.
The Problem of Offshore Impunity
Most offenders are companies registered in offshore zones. They are hidden behind corporate anonymity and operate in jurisdictions that ignore Polish law.
Polish authorities are practically powerless: international legal cooperation is difficult, and local courts refuse to consider claims related to illegal gambling.
As a result, offshore operators remain unpunished, and Polish legislation becomes “white noise” for them.
Who Can Be Held Accountable
Despite the challenges, Poland can take action against accomplices: payment platforms registered in the country and bloggers promoting illegal sites.
According to Article 18, part 3 of the Penal Code, anyone who knowingly assists in the commission of a crime can be recognized as an accomplice. This opens the way for real action against intermediaries.
Solutions: Change the Approach
- Legal exceptions should be applied consistently. If a player didn’t know the site was illegal, they should not be punished.
- Educational campaigns about legal gambling should become more visible to inform citizens and protect them from fraud.
- EU cooperation is an opportunity for Poland to address the problem at the international level. A call for coordinated measures across the European Union has already been made.
Conclusion
Illegal online gambling in Poland is thriving because players are afraid of being punished. As long as the law penalizes not only operators but also consumers, the system continues to work against the victims.
The Polish government has already called for EU-level cooperation. With a clear strategy and legal reforms, Poland can reverse the situation and regain control over its gambling market.