Historic Decision in Spain – Supreme Court Overturns Ban on Gambling Advertising

  • The Supreme Court of Spain has overturned the ban on gambling advertising on TV and the internet, citing the absence of constitutional and legal grounds for such a prohibition
  • The ruling has significant implications for other EU member states and EU candidate countries
  • The prohibition on TV ads featuring celebrities has also been lifted, upholding the principle of freedom of speech

The Supreme Court of Spain’s decision marks a pivotal moment for the future of the gambling and marketing industries, as it nullifies the 2020 ban on gambling advertising on TV and the internet. This ban, which had completely prohibited marketing promotions for gambling operators from late 2020, has been declared illegal and unconstitutional.

The Supreme Court’s key findings include:

  • The previous ban on gambling advertising was unconstitutional and illegal, violating EU standards
  • The restriction on celebrities appearing in gambling TV commercials was also deemed illegal, infringing on freedom of speech
  • It has been clarified that gambling operators may advertise online

This ruling carries substantial weight for the region, as it sets a precedent that will influence marketing and digital business practices across the EU and neighboring countries aligning their legislation with EU law. The decision underscores several critical points:

  • Commercial advertising by gambling operators is a legitimate business activity protected under freedom of speech rights.
  • Regulations governing the advertising of the gambling industry, and business practices in general, should not resort to disproportionate measures that exceed necessary standards for public interest protection, as was the case with the 2020 ban.
  • The now-overturned restrictions lacked constitutional or legal justification, both at the national and EU levels (reaffirming the principle of the freedom to provide services).
  • Such measures, as recently repealed, hinder the free operation of Spain’s gambling industry, which contributes significantly to the national economy both directly and indirectly.

Other EU members, as well as EU candidate countries will be expected to align their laws and regulations with EU legal frameworks, including those governing gambling and commercial advertising standards.

The Spanish example offers a valuable precedent for best practices at the EU level, effectively balancing consumer protection with the economic sustainability of businesses, which is a core EOGL principle.

The Supreme Court’s decision to lift these bans demonstrates that high standards of protection for minors and vulnerable groups can be maintained without unduly restricting the commercial interests of gambling companies.

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