A Surprise in Spain: Gambling ad restrictions rejected
In a surprising turn of events, Spain has narrowly avoided implementing new restrictions on gambling advertising, thanks to a political stalemate that led to the defeat of a public health bill. The bill, which aimed to establish a new Public Health Agency, included provisions to limit gambling ads, such as restricting them to sporting events and banning the use of celebrities. However, the opposition party’s sudden decision to vote against the measure has given the gambling industry a temporary reprieve.
The People’s Party (PP), Spain’s largest opposition party, had initially supported the creation of the Public Health Agency but changed its stance at the last minute. This move was reportedly in retaliation for losing an earlier battle over farming and food waste policies. The defeat of the bill is seen as a victory for the gambling industry, but legal experts warn that this is not the end of the story. Xavi Muñoz Bellvehí, a partner at the ECIJA law firm in Barcelona, noted, “It is more a political conflict than a regulatory blow,” suggesting that the government will likely try again to impose advertising restrictions.
The role of the gambling regulator
The Directorate General for the Regulation of Gambling () has been a strong advocate for reinstating advertising limits. Mikel Arana, the head of the DGOJ, expressed his disappointment with the Supreme Court’s decision to overturn the restrictions introduced in 2020.
Speaking at ICE in Barcelona, Arana described the Spanish market as “very, very unbalanced” and vowed to work towards restoring marketing limits. He believes these measures are necessary to curb excessive profits generated by a small proportion of customers. Arana also mentioned that the DGOJ collaborated with the government to develop amendments related to advertising regulations, which were included in the defeated public health bill.
Future prospects for gambling advertising in Spain
Despite the current setback, there is a strong likelihood that the government will attempt to reintroduce advertising restrictions in the future. Muñoz Bellvehí suggests that any future attempts might result in softer restrictions: “Although we believe that whenever those articles are reinstated, maybe it will be with a softer text in terms of restrictions.”
Camille Gonzálvez, another lawyer at ECIJA, advises caution, noting that while the bill is currently dropped, it could technically be sent back to the Committee stage and reactivated. However, Gonzálvez believes that the bill would need to be reintroduced from scratch if the government wishes to pursue it again.
Implications for the Gambling Industry
The gambling industry in Spain is watching these developments closely, aware that any changes to advertising regulations could significantly impact their operations. The previous restrictions, which were overturned by the Supreme Court, were enacted via royal decree and lacked the legislative backing needed to withstand legal challenges.
The government’s determination to establish a Public Health Agency and impose stricter advertising controls indicates a broader commitment to public health initiatives, which may eventually lead to more stringent regulations for the gambling sector.
While Spain has dodged new advertising bans for now, the ongoing political and regulatory situation suggests that this reprieve may be temporary. As legal experts and regulators continue to push for stricter controls, the gambling industry should still be prepared for potential changes in the future. The pressure from the DGOJ and the government’s commitment to public health initiatives will likely keep the issue of gambling advertising restrictions at the forefront of Spanish regulatory discussions.
