SBC News Voice of the Sports Betting Industry
The Constitutional Court of Spain has rejected an appeal of the ‘Royal Decree on Advertising’ to be heard by the Supreme Court.
The appeal was brought forward by Jdigital, Spain’s online gambling trade association, which questioned whether the Decree authored by the Ministry of Consumer Affairs had received proper constitutional oversight to be passed into a federal law adopted by Spain’s autonomous communities.
Drafted in 2020 by Alberto Garzon Spain’s former Minister of Consumer Affairs, the Royal Decree became a federal law in November 2021. Overhauling Spain’s advertising laws, the Royal Decree introduced a comprehensive ban on betting sponsorship across Spanish sports and established a new 1am-5am timeframe for broadcasting gambling adverts on media platforms.
Jdigital launched an immediate challenge of the Decree, citing that the Ministry of Consumer Affairs had bypassed key constitutional procedures to ascend the Decree into federal law.
Furthermore, the trade body questioned the regulatory remit of the Ministry of Consumer Affairs to change laws related to advertising standards. In 2020, Spain’s coalition government had granted the Ministry oversight of Spanish gambling, but no agenda related to advertising and communications.
In July 2020, Jdigital revealed that its appeal against the Royal Decree had received a ‘positive response’ by a review of the Third Chamber of the Supreme Court.
However, reviewed by the Constitutional Court the appeal was unanimously rejected, as it was deemed that the Ministry had made necessary amendments to Spain’s Gambling Law, prior to endorsing federal changes on gambling advertising.
The Ministry had revised Article-7 of the Gambling Law, which Spanish courts recognise as a federal law which autonomous communities must abide with.
As cited by the judgement; “Constitutional Court considered that the complaint, as it was raised at the time by the Supreme Court, has been extinguished because the new Article 7 bis of the Gambling Regulation Law does establish guidelines or criteria that the regulations must take into account when regulating the matter.”
“This is independent of whether what is prescribed in the new legal provision provides sufficient legal coverage to the challenged Royal Decree 958/2020, a matter in which, being a matter of ordinary legality, the Constitutional Court cannot enter to elucidate in this process.”
Market developments see Spain welcome a new Ministry of Consumer Affairs as Pablo Bustinduy replaces Alberto Garzon, following his retirement from the coalition government.
The Ministry proceeds with implementing the “Royal Decree on Responsible Gaming Environments“, drafted by Garzon as the next phase of Spanish gambling’s regulatory overhaul.
The mandate aims to ensure that by 2024, Spanish gambling will have the most stringent surveillance of operators and market activities in Europe. Measures will include a new centralised player registry, cross-operator deposit limits and the mandatory record-keeping of ‘risk profiles’ for customers under the age of 25.
Nonetheless, placed under consultation by the Directorate General of Spanish Gambling (DGOJ), doubts have surfaced regarding whether the technical requirements of the Decree can be achieved by Spanish authorities who are tasked with the stringent supervision of gambling activities and consumer engagements.
