Spain could review ban on gambling advertisement

The Spanish online gambling trade association, known as Jdigital for its Spanish acronym, is up in arms. The group believes that a ham-fisted approach to prohibiting gambling advertisement in the country is hurting everyone – from consumers to businesses, and now the group has some progress to show.

Its appeal against the Royal Decree on Advertising, which effectively restricts gambling advertisement across the country’s 17 autonomous communities, has gathered some momentum. Now, a Constitutional Review of the matter may follow, giving operators some hopes that the Royal Decree’s ban may be reversed and that gambling advertisement – be resumed.

Still, opposition to gambling advertisements is not entirely new. In places such as the Netherlands, Dutch authorities have acted similarly, and the United Kingdom is about to take a deeper look at its own gambling laws, with gambling advertisement being one of the important topics up for debate.

Jdigital, joined by a fellow media organization AMI, argues that the ban is disproportionate to the purpose it serves. AMI, for example, has argued that the Royal Decree specifically breaches Article 53 of the Spanish Constitution which makes it eligible for a Constitutional Review as a result.

The Supreme Court is now involved and this could mean that both AMI and Jdigital would have to argue their case in thehighest instance. This is a unique chance that will allow the industry – or at least give it a chance to – avoid a fate similar to what happened in Italy several years ago.

A populist movement elected on a promise to suspend gambling advertisements enforced a blanket ban on gambling advertisements, making it harder for new brands to gain exposure. Jdigital’s objection to the Royal Decree also comes as part of a broader opposition to the measures enforced on gambling during the pandemic.

When the pandemic started, the Ministry of Consumer Affairs rightly sought to restrict the potentially harmful effects of lockdown and people spending too much gambling. As a result, the industry had to adjust its marketing practices.

What was introduced as contingencies, though, would soon go on to become a full-blown ban on gambling advertisements that Jdigital is now willing to challenge. Even if Jdigital loses the review, the organization argues that it’s crucial for the government to maintain a transparent and open line of communication with the industry and its stakeholders.

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