Spain’s Supreme Court is reviewing the constitutionality of a ban on gambling advertising. [Image: Shutterstock.com]
Spain’s attempt to crack down on gambling ads has hit a snag as the Supreme Court questions its constitutionality.
operators immediately pushed back against the decrees
The “Garzón Law”, which was introduced in September 2021, regulates gambling advertising in the media and in sports since its inception. Before that, the Royal Decree on the commercial communication of gambling activities blocked the paths for game promoters. Operators immediately pushed back against the decrees; the long-standing fight could finally turn in their direction.
The court’s ruling will ultimately determine the trajectory of gambling in the country.
The legal case
The original guidelines stipulated that operators were only allowed to advertise their product from 1-5 am. In addition, agencies were not allowed to partner with sports teams or entice players with special offers, among other rules.
The Spanish consumer affairs minister, Alberto Garzón, was a strong supporter, hence the Garzón law introduced later.
directly connects freedom of expression with business operations
The appeal against Garzón and the ban of the Spanish Association of Digital Gaming (JDigital) is based on the principle of reservation of law. That part of the country’s constitution is one of the most important, as it links freedom of speech directly to business operations, which is why the issue has been accelerated to the Supreme Court.
“The Act does not provide any criteria by which the regulatory development of advertising should take place or the guidelines by which the Regulation may determine or restrict the advertising that may be carried out by gambling operators, nor any indication or criterion as to what may or may not be proportionate. deemed to be,” the order of the Supreme Court reads.
According to the interpretation, the Court will have the power to prohibit further restrictions on advertising if it so wishes. JDigital and other stakeholders will also challenge other jurisdictions if their current attempt fails.
Spain’s gambling ecosystem
Spain has not yet encountered many serious problems with its gambling market. The probability of problem gambling is low, there are no major scandals and despite the advertising block, it is the largest form of e-commerce.
However, the increasing prominence of gambling worldwide is starting to cause problems; While companies are looking for new partners and ways to grow their business, current standards make in-house attempts nearly impossible.
Banning gambling is not the same as restricting the ability to promote it
Garzón has been a constant opponent in companies’ efforts to push their agendas. His position is that banning gambling is not the same as restricting the ability to promote it.
With the restrictions, the minister wanted to suppress the consumer’s desire to risk gambling during personal economic crises. In addition, he thinks blocking companies from collaborating with teams will reduce the likelihood of bankruptcy.
If the Supreme Court finds the restrictions unconstitutional, it must still send the case to the Constitutional Court — a process that could take years. Operators stated that if this happened, they would demand a return to normal business in the meantime.
This post Ban on gambling ads in Spain may be unconstitutional
was original published at “https://www.vegasslotsonline.com/news/2022/07/24/spains-gambling-advertising-ban-might-be-unconstitutional/”