Jdigital, the Spanish Digital Gaming Association says that the Supreme Court decision partially to uphold the appeal it filed against Royal Decree 95/8/2020 was positive for the sector. However, Jdigital also calls for a further dialog with the regulator.
The supreme court partly upheld an appeal by Jdigital on Wednesday, 10 March. This ruling invalidated several provisions of the Royal Decree 958, which came into effect in November 2020. A number of articles contained in the Royal Decree were deemed to be lacking the legal foundation by the supreme court.
Article 13 was one of the measures that were overturned. It relates to advertising targeted at new customers. The operators will be allowed to advertise to customers who are less than 30 day old. The operators will be allowed to place advertisements in public places and establishments that are designated to sell lottery games.
In addition, the Supreme Court’s decision means celebrities will be able to appear again in advertisements. The ban on gambling ads on video-sharing platforms, such as YouTube, has also been lifted. All social media users over 18 can now be advertised to by operators.
Jdigital has highlighted the significance of the Supreme Court’s ruling for Spain’s gaming industry. The court rejected a prior appeal in November 2023.
Jdigital shared a statement with iGB that said: “At Jdigital, we believe the Supreme Court ruling, which invalidates several articles of Royal Decree 958, 2020 on the communication of commercial gaming activity, is incredibly positive news for both the association and the online gaming industry.
The ruling confirms that the advertising regulations of this sector were imposed in the previous legislature with excessive limits and restrictions. These did not adhere to safety measures or sufficient legal protection as we claimed in our appeal.
Jdigital : “limited scope measures”
Jdigital highlighted the positives for Spain’s operators of the Supreme Court’s ruling. It warns that the remaining measures are somewhat restrictive.
The General Law of Audiovisual Communication covers some of the measures of the Royal Decree, but others, like the restriction on radio and TV advertising from 1am to 5am, will still be enforced.
The annulments also do not mention the article 12 regarding sports sponsorship. Operators are still prohibited from advertising or using branding on events, products and services where minors could see them. Also, operators cannot sponsor sports events or broadcasts. Also, sponsorship activities related to sports facilities remain illegal.
Jdigital warned of the “limited scope” of the Supreme Court’s decision. The company cited the continued enforcement of the Advertising Code of Conduct to show that restrictions on advertising still exist.
Jdigital explained that “this self-regulatory system limits commercial communications within the industry and has been modified in 2019 in order to improve consumer protection. For example, welcome bonuses are limited to EUR200 maximum or famous persons under 25 cannot appear in advertisements,” Jdigital said.
Jdigital Calls for Increased Communication In Spain
Jdigital reiterated in its statement that it wants to see an increased dialogue between industry and regulators to promote responsible gambling.
Jdigital also said that it supports working toward a guarantee framework. The company is also calling on its trade associations to be prudent in adapting their advertising so as to strengthen its commitment to protecting consumers.
Jdigital said: “We are hopeful that the resolution we have proposed will help ensure the current government is able to address the needs of this sector, particularly in terms of regulation, and encourage public-private dialog.
We want to share our expertise for the creation of standards which will guarantee that the objectives we have all set out in terms of responsible gaming are met.
