Is Spain’s Ban on Gambling Ads Unconstitutional? Supreme Court To Decide

Spain introduced restrictive gambling ad regulations in 2020, and after much outcry from operators and those in the industry, a change may be on the cards.

The Spanish Supreme Court is investigating whether or not the gambling ad ban is, in fact, unconstitutional or not.

More Details Current Gambling Ad Restrictions

As of November 3rd 2020, an enhanced version of Spain's gambling ad rules that were implemented during the Covid lockdown came into effect.

The Royal Decree had many strict regulations come into play, including limiting gambling ads to between 1 am and 5 am. This includes ads run on TV, radio, and on YouTube videos. Advertising via social media is also restricted to those who already follow the operator. No new players may be found this way.

Welcome bonuses are restricted to €100 for new players, and advertising promotions are forbidden unless it's to contact players with individual offers. Finally, gambling sponsorship is banned, as well as former or current athletes participating in gambling ads.

None of the rules above applies to the state lotteries that are currently available.

Facts Supreme Court Evaluation

Despite backing from Spain's minister of consumer affairs, Alberto Garzon, the Supreme Court will be looking into Spain's Royal Decree on Commercial Communications of Gambling Activities.

Outcry from bettors and operators has led the court to question the Royal Decree and its restrictions on gambling ads.

The Supreme Court has requested that stakeholders provide evidence that the ad ban is in breach of the country's constitution. Once the evaluation has been completed in July, the court will decide if the Royal Decree must be changed or not.

While companies and operators await the ruling, there is a call for a return to the status quo. In particular, if the current laws are deemed unconstitutional, these businesses do not want to wait years for new laws to be introduced.

While the back and forth surrounding the Royal Decree on Commercial Communications of Gambling Activities continues, players are still flocking to online casinos. Lack of gambling advertising aside, online gambling is proving to be more popular than ever before, even claiming the title of top e-commerce activity in Spain.