Spain: Bustinduy to Reintroduce the Restrictions on Gambling Ads

A month ago, Spain’s Supreme Court annulled several Royal Decree restrictions on gambling ads, ending the restrictive regime that reigned for several years. However, the country’s new minister for social rights and consumer affairs, Pablo Bustinduy, remains bullish on reintroducing the restrictions.

For context, the Royal Decree that was introduced in 2020 prevented gambling operators from freely promoting their products. However, the industry union Jdigital appealed the decree, claiming that some of its restrictions are anti-constitutional.

After investigating the matter, the Supreme Court concluded that the ministry had indeed bypassed certain constitutional procedures when implementing the decree on advertising. As a result, the court sided with Jdigital and decided to lift some of the restrictions, allowing operators to once again advertise their products and incentivize newly registered accounts to play via special offers and promotions.

Additionally, Spanish gambling companies were allowed to advertise on social media and even feature celebrities in their ads. However, the Supreme Court upheld the ban on radio and TV ads between certain hours and opted to keep sports sponsorships forbidden.

The Spanish operators’ triumph, however, might be short-lived as Bustinduy wants to reintroduce the aforementioned restrictions.

Bustinduy Envisions a Tough Regulatory Regime 

In an address to the DGOJ, Spain’s media and gambling authority, the new minister confirmed that he plans to introduce legislation that restricts gambling advertising. He confirmed that his legislation would mirror some of the measures outlined in the Royal Decree and would have a focus on restricting online ads and ads that feature celebrities and influencers.

Additionally, Bustinduy plans to introduce regulations that target loot boxes and ID verification requirements for video games. The original decree did not include such provisions.

In the meantime, the minister prepares to reinforce Spain’s safer gambling efforts by creating a new centralized player registry and keeping the records of younger players exhibiting gambling harm.