Jdigital, which represents Spain’s online gaming industry, is seeking a constitutional probe by the Spanish Supreme Court of the government’s ban on gaming advertising.
Advertising is only allowed between 1-5 a.m. and gaming sponsorships for sports are also banned, except for partnerships with the government-run lottery.
The organization received encouraging news from the court recently, when the court gave it and its media counterpart AMI permission to submit its appeal for a Constitutional Review. The Supreme Court “has summoned parties to make allegations on the possible filing of a question of unconstitutionality before the Constitutional Court,” according to Jdigital.
The two organizations filed the appeal against the Royal Decree in January 2021. They claim the Ministry of Consumer Affairs lacks the authority to impose the ban across the country’s 17 autonomous communities. They claim the action violates, “Article 53 of the Spanish Constitution regarding the guarantees of fundamental rights and freedoms.”
The Ministry argues that the measure is required to protect vulnerable consumers and minors.
Jdigital told SBC: “We positively value the decision of the Supreme Court that reinforces the position that the association has been holding since the approval of the Royal Decree on Gambling Advertising: such regulation could be an overreach of the Ministry of Consumer Affairs.”
