Spain’s Royal Decree, which challenged operators’ marketing liberties by setting strong limitations on casino promotion, was adopted in 2020. Jdigital, the nation’s trade group for online gaming, challenged the laws, arguing that they violated the constitution.
In response to Jdigital’s challenge, the Spanish Supreme Court partially reversed the gambling advertisement restriction, allowing operators additional marketing freedom. Operators might now provide incentives, make use of social media, and work with influencers to promote their brands. Pablo Bustinduy, Spain’s Minister for Social Rights and Consumer Affairs, announced plans to reinstate some advertising regulations in spite of this win.
Draft Bill and Reinforced Measures
The Council of Ministers received a draft bill dubbed the New General Law on Audiovisual Communication (LGCA), proposing the reinstatement of several restrictions on gambling ads and outlining regulations for social media influencers. The proposal mandates compliance with the Royal Decree on Advertising, restricting gambling ads during specified hours and prohibiting the promotion of gambling incentives.
The draft bill aims to safeguard the intellectual property of content creators while ensuring that adult-oriented content is not accessible to younger audiences. Content creators are required to register with the State Registry of Audiovisual Providers to ensure compliance with regulations. The proposal also introduces stringent fines for non-compliance, ranging from €10,000 to €150,000.
The proposed regulations signify a shift in Spain’s approach to gambling advertising and social media content. While offering operators greater flexibility initially, the draft bill underscores the government’s commitment to imposing stricter oversight to protect consumers, particularly vulnerable demographics.
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