Spain’s ban on advertising for gambling continues to be controversial

In Spain there is a restriction for advertising for online gambling. Now the industry association has asked the government to rethink these regulations. The aim is “just” legal regulations for all gambling providers in Spain.

New regulation two years ago as the cause

A regulation of the Spanish authorities came into force in November two years ago. This prohibits advertising for online gambling on radio, television and also on social media almost all day. Since then, advertising has only been allowed to be switched between 1 a.m. and 5 a.m. But sponsoring contracts with gambling providers are also affected by the ban. Among other things, this regulation led to numerous football clubs ending the cooperation with the respective gambling providers regarding jersey advertising.

For a while there has been a legal dispute between the providers and the Ministry of Consumer on these regulations. Jbigital submitted an administrative action against the ban on advertising over a year ago and when a court was made, many disagreed with it. Both the industry association for Spanish Online gambling providers – JDigital – as well as the ASociación de Medios I Información media association – AMI in short – appealed and the advertising regulations contested. The Supreme Court of Spain granted an objection in January 2021 and the procedure went to the highest authority.

Constitutionality of the regulation questioned

Now the third chamber of the Supreme Court was made. Accordingly, this raises the question of whether the prohibition is constitutional or the freedom of entrepreneurship of the constitution is illegally restricted. The industry association for Spanish online gambling providers-JDigital-turned to the government. The industry association is still convinced that they have reacted correctly to the regulation. With the lawsuit, the interests of the players should be protected as well as those of the gambling sector.

In the statement, JDigital said that the decision produced the importance that the government is rethinking the decision and attitude again. The industry association also calls for a dialogue between the gambling industry and the government. The statement said: “Jbigital reaffirms that the regulations for advertising for the online gambling in Spain violate freedom of corporate and the main actors of these legal and regulated activity, the licensed operators, unjustifiably disadvantage”.

It remains to be seen whether the government will actually be ed. The responsible consumer minister – Alberto Garzón – could use the situation well and search for the dialogue. However, his political attitude towards gambling is clear and lets you doubt such a . The minister has announced several times to tighten the regulations regarding gambling. This is why Garzón is known for its strict line.

Advertising ban also in USA

A cancellation of the ban is unrealistic, but in theory one could agree on a loosening. An example could be the regulation in USA. In USA, advertising is only prohibited between 6 a.m. and 9 p.m. In addition, no advertising for online gambling can be sent directly before and after sporting events. In USA, too, industry representatives must be promoted for the permission for legal gambling offers. One reason for this is the same as in Spain: Advertising for legal offers is a way to experience legal offers for players. According to many industry representatives, an advertising ban would therefore be only an advantage for illegal providers.

In USA in 2021 with the Gambling State Treaty new regulations regarding gambling advertising also came into force. The exact legal situation was not entirely clear for the time being. That is why the television channels were still very unsafe and reserved with gambling advertising at the beginning. Understandably, they did not want to get into trouble by switching advertising for online gambling and online sports betting. But after a year the regulations should have become clearer. The main goal of the regulations before and with the Gaming State Treaty remains the player protection in any case. An advertising ban at certain times is therefore certainly useful.