Jdigital, the Spanish Association of Online Operators, has urged the government to reconsider its current restrictions on gambling advertising in the country, calling for a fairer and more proportional law.
The Royal Spanish Decree on Commercial Communication of Gambling Activities came into force in November 2020, banning sponsorship contracts with businesses with the aim of reducing the exposure of minors to gambling advertising.
Advertising on TV and radio is also restricted from 1 am to 5 am. This also applies to YouTube videos, but on other social channels, operators can only share ads with their followers.
Age gating should be used online to reduce the exposure of minors to gambling. Promotional bonuses are prohibited, but operators can target registered and confirmed customers with special offers.
Both J Digital and the Media Association la Asociación de Mediose Información (AMI) have challenged advertising restrictions and filed an appeal with the National Supreme Court.
Although AMI’s appeal was unsuccessful, Room 3 of the Supreme Court in May this year raised the issue of unconstitutionality regarding restrictions.
In response, Jdigital now states that the Supreme Court’s ruling emphasizes the need to rethink restrictions and urges the government to discuss this issue with the igaming industry.
“The Supreme Court ruling states that the rules governing online gambling advertising in Spain violate corporate freedom and unfairly harm licensed businesses, who are key players in this legal and regulated activity. It reinforces Jdigital’s claim, “said Jdigital.
“More than a year after Jdigital filed an administrative appeal against the regulation, we are confident that the association has taken appropriate steps to maintain and protect the interests of the sector and its users.
“In the current scenario, regulators and the Ministry of Consumer Affairs have so far opened the window for dialogue with the online gambling ecosystem to study legislative methods that are not fair and proportional to the reality of the sector. That’s all you need. It’s harmful to operators and related industries. “
