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The Supreme Court of Spain has invalidated several components of Spain’s gambling advertising restrictions. These restrictions, initially implemented via royal decrees in 2020, were opposed by the industry trade group for online gaming. Jdigital.
The Supreme Court recently partially ruled in Jdigital’s favor, despite the fact that the Constitutional Court dismissed the appeal Jdigital filed against Royal Decree 958,/2020 in November. Although the ban on sponsorship of gambling in sport and restrictions on TV advertising hours are still intact, several other provisions have been struck down by the Supreme Court.
The article 13, which forbade targeted advertising to players who had accounts that were less than 30 day old, as well as sections of the articles 23, 25 and 26 which ban advertising on video-sharing platforms and social media, have been repealed. In the original decree, social media marketing was restricted to current customers only. Now, all players over 18 can be advertised to on social media.
Moreover, the court nullified Article 15, which banned the use of celebrities for advertising and overturned prohibitions on advertising in places selling lottery games.
The regulations were drafted by former Minister of Consumer Affairs, Alberto GarzónIn November 2020, the law will come into effect. Its goal is to reduce minors’ exposure gambling ads. The Supreme Court, however, deemed that several of the measures were not legal and placed excessive restrictions on legitimate businesses.
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