The regulation of gambling advertising is one of the most important instruments of gambling regulation and is characterised by complexity. However, this complexity does not release the state from complying with constitutional directives. A proportionate allocation of the opposing fundamental rights positions is just as necessary in regulation as the design and application of restrictions must fulfil minimum constitutional requirements. The author shows that the current regulation of advertising under gambling law and its implementation by authorities and courts does not adequately fulfil the requirements of fundamental rights and the rule of law.