Spain's Supreme Court has ruled that restrictive laws enacted in 2020 that were designed to prevent minors from being exposed to adult-only pastimes were in many cases too heavy-handed and has ordered them to be overturned. The news came as a surprise win for gambling operators serving the country and will allow some additional advertising freedoms to take place.
The issue at heart was the reach of Spain's Royal Decree 958/2020, which expanded on the already-restrictive measures enacted back in 2011 that made Spain, in essence, a firewalled jurisdiction when it came to online-gambling services. The 2020 decree, however, wasn't specific to online gambling; it was instead a collection of broad restrictions designed to shield Spanish minors from being exposed to adult-only behaviors and pastimes.
Regarding gambling, for instance, the 2020 decree limited the hours that gambling companies could advertise on TV, radio, and select other media to just 1:00 am to 5:00 am, far beyond the family-friendly hours normally involved in advertising restrictions in other jurisdictions.
Gambling operators were also barred from advertising designed to attract new customers, even if those potential sign-ups were of legal age. Further bans enacted in recent years included the use of celebrities to promote a brand or service, and more recently, ads depicting money, luxury items, social status, and even personal health fell under the banhammer.
No legal basis for extended bans
In annulling many of the more severe provisions of the 2020 Royal Decree, Spain's Supreme Court declared that the provisions lacked legal basis and could not otherwise be supported by existing Spanish law. The reversal won't be complete, hpwever, as some restrictions, such as gambling-related advertising cconnected to sporting events, will remain in place.
The Supreme Court-ordered reversal of many of the 2020 decree's provisions originated with an appeal filed aganst the decree by the Spanish Digital Gaming Association (Jdigital). However, Jdigital originally lost that appeal last November, but the Supreme Court took up the matter as a rule-of-law topic, eventually issuing its surprise decision.
The reversal's impact should be felt throughout Spain's gambling world, even reaching online poker. Spain was already one of Europe's four firewalled jurisdictions -- along with France, Portugal, and Italy -- and the various advertising proscriptions made it difficult to acquire new customers through traditional channels. With the Spanish online-poker market already seeking more liquidity, relaxed advertising rules should help operators reach new customers
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