In a momentous decision, Spain’s Supreme Court has partially overturned the stringent 2020 ban on gambling advertising, a ruling that significantly reshapes the country’s regulatory landscape. This verdict rolls back several restrictions, paving the way for a more vibrant advertising environment for Spanish online casinos. Here’s a look at the ruling and its implications for the gambling industry. 

The 2020 Gambling Ad Ban: A Quick Recap

In 2020, the Spanish government implemented a comprehensive ban on gambling advertising through Royal Decree 958/2020. This decree, driven by concerns about the impact of gambling ads on vulnerable players and minors, restricted advertising to late-night hours (1 am to 5 am) and prohibited promotions and bonuses. 

The law also banned celebrity endorsements and sports sponsorships, significantly limiting the visibility of gambling ads on mainstream media platforms. 

Supreme Court’s Ruling

Spain’s Supreme Court recently struck down five critical articles from the 2020 Royal Decree, citing the need for proper legislative backing. The ruling was a response to appeals by the Spanish Digital Gambling Association (Jdigital) and the Information Association. 

These associations argued that the decree’s restrictions were unconstitutional and lacked sufficient legal coverage, highlighting the industry’s active involvement in shaping regulatory policies. 

The key changes from the ruling included:

• Advertising Online Games: Operators can now advertise online slots and other casino games and offer promotions to attract new customers.

• Celebrity Endorsements: The ban on using famous personalities in gambling ads has been lifted. 

• Social Media Advertising: Advertising on social media platforms is now permitted, with some restrictions remaining. 

• Bonuses and Promotions: Operators can now offer promotions and welcome bonuses to attract and retain customers.

Despite the partial rollback, certain restrictions remain. Radio and television gambling ads are still banned between specific hours to protect minors. Additionally, the prohibition on sports sponsorships remains intact, ensuring that gambling ads do not permeate sports events and broadcasts. 

Mixed Industry Reactions

Unsurprisingly, the verdict has been met with mixed reactions. While gambling operators and advertisers celebrate the lifting of several restrictions, concerns about the protection of vulnerable individuals persist. 

Some industry players see the ruling as a step towards a more liberal and competitive market, while others, including advocates for responsible gambling, emphasise the need for balanced regulation that protects public health without stifling the growing industry.

Collaboration is Key

As the industry adjusts to these changes, the need for collaboration between regulators and operators becomes more urgent. This is crucial to ensure that advertising practices are responsible and compliant with existing laws. Industry players must implement robust age verification systems on social media and other platforms to prevent minors from being exposed to gambling ads.

Establishing clear guidelines for the content and placement of gambling ads will ensure they target the appropriate audiences. Regulatory bodies should continue to monitor the industry closely to assess the impact on public health and ensure compliance with the new rules.

The Path Forward

The Supreme Court’s decision significantly shifts Spain’s approach to gambling advertising. By allowing more freedom for operators to promote their services, the ruling has opened up new avenues for the industry while maintaining certain protective measures. 

The challenge moving forward will be to balance commercial interests with the need to protect minors and vulnerable individuals, a complex task that requires a fair and responsible gambling environment.