The Opinion of the Supreme Court on the Advertising Regulation of Betting Houses
Annulment of Key Measures by the Supreme Court
The Supreme Court has revoked fundamental aspects of the regulation established by the Government to limit advertising of betting houses and their products. After partially upholding an appeal from the Spanish Digital Gaming Association, the judges have annulled several decisive measures of the royal decree of the Ministry of Consumer Affairs directed by Alberto Garzón. These measures include restricting the presence of famous personalities in advertisements, limiting advertising on video platforms and social networks, attracting new customers and prohibiting the advertising of these bets in the media.
Impact of the Measures and Argument of the Supreme Court
These restrictions were implemented by the government at the end of 2020 and had a great impact on an industry that, in 2019 alone, invested more than 183 million euros in advertising these online bets. The Supreme Court points out that although advertising is subject to limits and that the State must guarantee the protection of minors and consumers, these limitations affect a legal business activity and cannot be regulated by independent regulations unrelated to the criteria and limits established by the legislature.
It is criticized that the establishment of these regulations by the Government cannot simply be a blank reference, but must contain general criteria or guidelines on which to base the limitations that can be established, which must be proportional to the goal pursued. .
Background and Resource of the Betting Sector
Limiting massive advertising by betting houses was one of the main 2019 electoral promises of the Podemos and Izquierda Unida coalition, and was implemented shortly after entering the Government. These measures generated a significant impact on betting advertising on sports programs and platforms such as YouTube, generally with the participation of footballers, celebrities and influencers.
The appeal to the Supreme Court was presented by the Spanish Digital Gaming Association, represented by the lawyer and conservative member of the General Council of the Judiciary, José María Macías Castaño. The association questioned not only the articles that were finally revoked by the court, but also demanded the annulment of the entire royal decree due to violations in its processing process.
Ruling of the Supreme Court on Restrictions on Advertising by Betting Houses
The Supreme Court also ruled on the prohibition of sponsorship by betting houses on the t-shirts of sports teams or on the public address systems of stadiums, considering it appropriate to avoid the association of games of chance with the practice of sports. In addition, he supported the limitation of this advertising by time slots as a logical measure to prevent it from reaching the younger audience indiscriminately.
Criticism of the Restrictions by the Supreme Court
The Supreme Court criticized the prohibitions related to the dissemination of betting house advertising in the media, arguing that these restrictions have no legal coverage and it is not sufficient to invoke the protection of minors, since it is not possible to limit advertising with a general scope to an entire medium in the event that it may be used by minors.
