Spain Rejects Jdigital’s Appeal Against Gambling Ads Ban

The landscape of gambling advertising in Spain has undergone a seismic shift with the introduction of the Royal Decree in November 2021. This decree brought about substantial changes to the regulation of gambling advertisements, restricting their broadcast to a narrow window between 1 am and 5 am. The primary objective behind this move was to shield the Spanish public from incessant exposure to ads promoting gambling activities.

However, this stringent ban faced significant criticism from supporters of the gambling industry, contending that it would hinder rather than help. Jdigital, the online gambling trade association, not only criticized the ban for potentially impeding the growth of Spain's gambling sector but also raised concerns about the constitutional legitimacy of the process. The association questioned whether the Ministry of Consumer Affairs had the authority to enact such changes without amending existing gambling laws.

In response, Jdigital launched a formal appeal, seeking to overturn the decree. Unfortunately for the association, the Constitutional Court swiftly rejected its appeal after a thorough review. The court clarified that the Ministry had indeed secured necessary amendments to the gambling law before implementing the new advertising regulations. This decision marks a significant setback for Jdigital and deals a blow to Spain's gambling industry, potentially diminishing its appeal to international companies.

Amidst these developments, Alberto Garzón, Spain's openly anti-gambling Minister of Consumer Affairs, has exited politics. However, the celebration within the gambling industry might be premature, as his successor, Pablo Bustinduy, steps into the role of Minister of Social Rights, Consumption, and Agenda 2030. Although Bustinduy's stance on gambling remains uncertain, his past associations with extreme-left anti-capitalist sentiments raise concerns within the industry.

While the industry anxiously awaits Bustinduy's official statements on gambling, there is apprehension that the hopes for a pro-gambling minister may have been dashed.