High Court rejection paves way for ban on gambling ads in Spain


Posted on: November 27, 2023, 10:53h.

Last updated on: November 27, 2023, 10:53h.

When Spain’s former Minister of Consumer Affairs, Alberto Garzón, introduced a law to prevent gambling advertising, an intense legal battle ensued. The country’s Constitutional Court recently addressed the matter, ruling that there’s no issue to resolve.

The Spanish flag flies outside the country's Constitutional Court
The Spanish flag flies outside the country’s Constitutional Court. The court has determined that a gambling ad ban isn’t unconstitutional. (Image: Reuters)

Spain’s Association of Digital Gaming had requested the review of the regulation and argued that the introduction of a gambling and betting advertising ban would be unconstitutional under the law known as the Garzón Law. However, the Constitutional Court gave its unanimous ruling in favor of the ban.

Spain Closes a Loophole

The regulation tried to control an aspect of the industry that was beyond federal legislative oversight, leading to a legal battle. However, an update to Law 13/2011 by Spain’s lawmakers closed the loopholes and its Constitutional Court ruled in favor of limiting advertising of gambling activities. This concluded the legal battle.

Moving Forward

Despite the legal setback, the future of the gambling industry seems to be on a positive trajectory as new legislation offers further regulation for the advertising of gambling activities. Jdigital and other industry players are expected to work within this new framework once the law comes into force early next year leading to a seismic shift in the country’s gaming ecosystem.



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