Spain's gambling ad ban moves ahead after Supreme Court dismisses hearing
When Spain's former consumer minister Alberto Garzón proposed a law banning gambling advertising, a legal dispute arose over the law's constitutionality. Late last week, the country's Constitutional Court braced itself for the fight but ruled that there were no issues to resolve.
The Spanish Digital Gaming Association (Jdigital) has called for a review of the regulation. It has argued for more than a year that the regulations seek to control an aspect of the industry that is not subject to federal legislative oversight.
Therefore, bans on gambling and gambling advertising are unconstitutional. The law eventually became known as "Garzón's Law," named after one of the many restrictions he imposed on the gambling industry before leaving office last week.
Spain closes loopholes
The article about gambling advertising is part of Law 13/2011, which has been updated several times in Spain. Section 7.2 of the Act, which was added last year, prohibits any advertising, sponsorship and promotion of gambling without appropriate authorization. Implementation is the responsibility of the relevant regulators, including the Spanish Communications and Gambling Authority.
Jdigital is asking the Supreme Court to review the law as it believes the ban can only be addressed through legislation rather than regulation. It has been argued that this language strikes at the heart of commercial freedom and legislative power.
Jdigital appealed to the court, but the Supreme Court perfunctorily agreed. But before the Constitutional Court could rule, Spanish lawmakers closed the loophole by enacting Law 23/2022.
The bill amends Law No. 13/2011 and introduces a new article 7 bis, which provides regulatory guidelines for the promotion of gambling activities. Therefore, Law 23/2022 now provides specific details of regulatory controls that will give the supervisory authority the necessary powers.
As a result, the Constitutional Court ruled unanimously that Jdigital’s appeal was no longer valid. Therefore, it is as if the appeal never existed.
go ahead
Jdigital and the Media & Information Association, which are backing the appeal, are currently left with few options. They must work within a new framework that comes into force early next year.
Garzón's departure led to the arrival of Pablo Bustinduy, a former politician and lifelong scholar, to take his place. When the transition was announced last week, Jdigital said it was ready to work with the new head of the Minister for Social Rights, Consumption and the 2030 Agenda, the government agency that replaces the Department of Consumer Affairs.
It is unlikely that Bustinduy is trying to turn back the clock, as most of the regulations introduced by Garzón are now part of gambling laws. However, Jdigital wants the company and other industry players to play a bigger role in shaping the country’s gaming ecosystem.
This could include contributing to the enactment of the Royal Decree for a Responsible Gambling Environment, Spain’s new major gambling reform. The reforms include limits on how much players can lose each week when gambling online, with the amounts that different age groups can lose differing. A new player monitoring system is also in development and is expected to be ready sometime next year.
The legislation covers almost all the issues that Spain considers need to be addressed to ensure strong gambling protection. Garzón proudly describes it as the strictest monitoring of gambling activities in Europe.
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Source: www.casino.org
