Spain’s Supreme Court has overturned certain aspects of the country’s gambling advertising ban, emphasizing the need to balance restrictions with the rights of legal business activities.
In its ruling, the Court stated that certain elements of the 2020 gambling advertising ban lacked sufficient legal justification, rendering them inapplicable. Notably, promotional activities for new customers, celebrity endorsements, and online advertising prohibitions were invalidated.
Jdigital, the Spanish operators’ association, hailed the ruling as positive, citing disproportionate limits and restrictions in the previous regulations. The association hopes for dialogue with the government to develop balanced rules ensuring responsible gaming objectives.
Jdigital aims to contribute its expertise to developing proportionate regulations in collaboration with the government, fostering public-private dialogue to meet industry demands while upholding responsible gaming principles.
The advertising ban, implemented in 2020, restricted gambling broadcast ads to the hours of 1 am to 5 am, and banned shirt and event sponsorships, sign-up bonuses, and the use of celebrities in marketing.
In January 2021, Jdigital, and the Asociación de Medios e Información (AMI), a media association, filed an appeal against Royal Decree 958/202 regarding commercial communications of gambling activities.
The association criticized the rules, suggesting that the restrictions will only fuel the illegal market, thereby jeopardizing efforts to protect vulnerable individuals. They earlier argued that the ban is discriminatory, unfair, and disproportionate, especially in a market where online gambling is tightly regulated and the incidence rate of problematic gambling has remained stable at 0.3% of the population aged 15 to 65 since 2015, one of the lowest rates in Europe.
What is still banned in Spain?
Article 12 on sports sponsorship was not listed in the annulments. This means that it is still prohibited for operators to advertise, or use branding for events, goods and services that can be viewed by minors. Operators are still also banned from sponsoring sporting events or broadcasts. Sponsorship activities that relate to a sports facility are also still prohibited.
Source: GMB / SiGMA News / iGB
