The Spanish Digital Games Association (Jdigital) is thrilled with the Supreme Court’s ruling to partially overturn the Royal Decree 958/2020. They view this as a positive development for the industry, but they remain eager to engage in discussions with the government on certain matters.
Jdigital is particularly pleased that the Spanish government is no longer imposing restrictions on advertising, but they are still exercising caution.
On Wednesday, the Supreme Court declared that portions of the Royal Decree 958/2020, implemented in November 2020, were deemed unlawful.
The Supreme Court determined that Article 13, which addressed advertising to new customers, was invalid. This implies that companies are now permitted to advertise to individuals who have not been registered for less than 30 days. They are also allowed to advertise in public spaces, such as lottery ticket outlets.
The Supreme Court also ruled that celebrities can now participate in advertisements once again. They further declared that the prohibition on gambling advertisements on platforms like YouTube is no longer in effect. Companies can now advertise to individuals on social media who are 18 years of age or older.
Jdigital applauds the Spanish High Court’s verdict, which they deem essential for the Spanish gaming sector. In November 2023, the Spanish Constitutional Court dismissed a prior appeal.
In a statement, Jdigital stated that the High Court’s decision is highly favorable, as it invalidated several provisions of the Royal Decree 958/2020 concerning communications for commercial gaming operations.
Jdigital believes that the previous government imposed excessive restrictions on advertising for the industry, which did not align with safety measures and lacked adequate legal protection, as Jdigital argued in their appeal.
Jdigital emphasizes the positive consequences of the High Court’s ruling for Spanish operators. However, Jdigital also cautions that some restrictions remain in place due to measures that are still in force.
While some provisions of the Royal Decree were deemed to lack legal foundation, other limitations, such as the prohibition on advertising on television and radio between 1:00 AM and 5:00 AM, are covered by the Audiovisual Communication Law and thus remain in effect.
Article 12 concerning sports sponsorship was not overturned. Operators still cannot advertise or utilize their brand to promote activities, goods, and services that could be viewed by minors. Operators still cannot sponsor sporting events or broadcasts.
Sporting venue backing endeavors remain forbidden.
Jdigital cautions that due to the “narrow scope” of the High Court ruling, “prudence is required.” It points to the advertising conduct guidelines currently in effect as an illustration, explaining that promotion is still restricted.
“This self-governing mechanism restricts commercial communication in the field and was revised in 2019 to bolster consumer protection, for instance, limiting welcome bonuses to a maximum of €200, or prohibiting celebrities under 25 from appearing in promotion,” Jdigital clarified.
Jdigital calls for improved communication in Spain.
Jdigital’s statement reiterates its desire to encourage stronger dialogue between the sector and regulators, working together to foster responsible gaming.
Moreover, Jdigital states that it advocates for efforts to establish a secure framework. It urges its members to exercise caution and adjust advertising to strengthen their commitment to consumer protection.
Jdigital adds: “We hope this resolution will help ensure that, in this legislative term, the government can meet the industry’s demands in the regulatory field and promote public-private dialogue.
“We want to provide our expertise to develop proportional standards that guarantee the responsible gambling objectives we are all committed to upholding and pursuing.”
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