Spain’s Bustinduy set to reintroduce restrictions on gambling ads

Jenny Ortiz May 3, 2024

Spain recently saw its Supreme Court overturn several restrictions on gambling ads introduced by a Royal Decree in 2020. This move ended years of strict advertising regulations in the country. However, the new Minister for Social Rights and Consumer Affairs, Pablo Bustinduy, is determined to reinstate these restrictions despite the court’s ruling.

Bustinduy’s regulatory vision

In a recent speech, Bustinduy said he aims to reintroduce similar restrictions on gambling advertising despite the Supreme Court’s decision last month. Bustinduy detailed his plans to propose legislation mirroring measures outlined in the annulled Royal Decree, particularly focusing on limiting online ads and those featuring celebrities and influencers. Additionally, he intends to address issues such as loot boxes and ID verification requirements in video games, which were not covered in the original decree.

Enhanced safer gambling efforts

In addition to advertising restrictions, Bustinduy aims to strengthen Spain’s safer gambling initiatives. Plans include establishing a centralized player registry and monitoring younger players displaying signs of gambling harm.

Supreme Court decision and industry response

The Supreme Court’s decision came after the industry union Jdigital challenged the constitutionality of certain restrictions within the Royal Decree. The court found that the Ministry had overstepped constitutional boundaries in implementing the decree, leading to the lifting of some restrictions. This allowed gambling operators to resume advertising their products, including special offers and promotions, and utilize social media and celebrity endorsements for advertising purposes.

In January 2021, an appeal was lodged by Jdigital, representing online gambling operators, and the Asociación de Medios e Información (AMI), a media group, against Royal Decree 958/202. This decree pertained to the regulation of advertising for gambling activities.

Both organizations criticized the decree, contending that its restrictions could inadvertently promote the growth of illegal gambling operations. They argued that such measures might hinder efforts aimed at safeguarding vulnerable individuals. Additionally, they maintained that the ban was discriminatory, unjust, and disproportionate, particularly in an environment where online gambling is rigorously regulated.

Push for responsible gaming

Despite the recent relaxation of gambling advertising regulations in Spain, Bustinduy is determined to reintroduce restrictions to address concerns around the promotion of gambling products and protect vulnerable individuals, particularly the youth. His proposed legislation reflects a continued focus on promoting responsible gambling practices and safeguarding consumers in the evolving landscape of online gambling.

Upcoming SiGMA event: SiGMA Asia 2024, 2 – 5 June. Find all the details here.