Spain’s Supreme Court has overturned certain aspects of the country’s ban on gambling advertising.
In its ruling published on Wednesday, the Supreme Court acknowledged the state’s right to limit advertising opportunities for a regulated activity such as gambling, but said that it must be balanced with the rights of those engaged in a legal business activity.
In its decision, the court stated that certain aspects of the gambling advertising ban lack sufficient legal justification and are therefore inapplicable.
The advertising ban introduced in 2020 limits gambling broadcast advertising to the hours of 1am to 5am and prohibits shirt and event sponsorship deals. It also bans sign-up bonuses and the use of celebrities in marketing communications.
The Supreme Court’s ruling in the case brought by Spanish online gaming industry association Jdigital annuls the ban on promotional activities aimed at new customers, the use of celebrities and popular fictional characters in advertising, and the prohibition on online advertising.
The ban on sport sponsorship and the limits for broadcast advertising remain in place.
Commenting on the ruling, a spokesperson for Jdigital said: “We consider that the ruling issued by the Supreme Court, which annuls several articles of Royal Decree 958/2020 on commercial communications of gaming activities, is very positive news for the association and for the online gaming sector.
“The ruling shows that, in the last legislature, the regulation of advertising in the sector imposed disproportionate limits and restrictions, which did not observe sufficient legal protection measures, as we claim in our appeal.”
“We hope that this resolution will serve to ensure that, in the current legislature, the Government meets the demands of the sector in the regulatory field and encourages public-private dialogue,” the association added. “We want to offer our knowledge to develop proportionate rules that guarantee the responsible gaming objectives that we all defend and pursue.”