In September 2021, a law banning gambling advertising took effect in Spain. Under the new rules, gambling ads are prohibited outside the hours of 1am to 5am. Sports sponsorships are also not allowed. But the new restrictions could be unconstitutional, according to the country’s Supreme Court.
Gambling Advertising Ban’s Legality Challenged
Reviewing the appeal launched by the Spanish Association of Digital Gaming (JDigital), the Supreme Court said the Garzon Law fails to specify the criteria according to which the development of advertising must occur. The royal order also does not indicate the specific guidelines for the advertising restrictions, including criteria on what should be considered proportionate.
Therefore, the advertising ban could go against Spain’s Constitution, particularly in the area of law reservation. The new regulation could also potentially limit the ability of the legislators to implement future restrictions on certain aspects of gambling advertising.
The matter has now been forwarded to the Constitutional Court for further review.
Spanish Minister Defends Gambling Ad Ban
Spain’s Minister of Consumption Alberto Garzon is a strong supporter of the gambling advertising ban. He has been defending the new law since it was approved back in 2020, saying it was designed to protect customers from excessive gambling during a time when the world is in the middle of a crisis due to the pandemic.