The Contentious-Administrative Chamber of the Supreme Court has decided not to suspend the implementation of article 23.1b of the Royal Decree on Advertising, which restricts online gambling advertising, except under specific circumstances.
According to the law, gambling advertisements can continue on websites or applications that primarily provide information on sporting events, as long as they have measures in place to prevent access by minors and regularly promote safer gambling.
In January, the Association of Marketing Affiliates (AMI) filed an appeal requesting a four-month delay in implementing the law as a precautionary measure. However, the Supreme Court rejected this request, stating that the potential damages caused by the law would not be irreversible.
The Court argued that the appeal questioned the validity of the provision based on economic interests, claiming that the restrictions would result in damages of nearly €6 million for the association. However, the Court emphasized that the laws cannot be challenged based on interests other than the public interest.
The Royal Decree clearly outlined the public interest reasons behind the restrictions, focusing on customer protection and the prevention of addiction to irresponsible gambling activities. More stringent control of gambling advertising is necessary to achieve these goals.
In January, the Spanish operators’ association, Jdigital, also filed an appeal with the court, arguing that the restrictions were disproportionate and left gambling consumers vulnerable and unprotected. The outcome of Jdigital’s appeal has not been published yet.
The Ministry for Consumer Affairs in Spain announced in January that consumer protection would be a priority in 2021. They aim to introduce measures for action, intervention, control, prevention, awareness raising, and player safeguarding.
