Spanish advertising ban called into question by Supreme Court
Draconian measures to be explored by Supreme Court as regulations deemed potentially unconstitutional
The Spanish Supreme Court has given operators a glimmer of hope after calling for evidence into whether the advertising ban in the country is potentially unconstitutional.
The Royal Decree on Commercial Communications of Gambling Activities, which was approved by Spain’s Council of State in November 2020, paved the way for the introduction for some of Europe’s most restrictive gambling advertising laws.
Led by Spanish Minister of Consumer Affairs Alberto Garzon, measures include a blanket ban on sponsorship of sports teams by gambling operators and a ban on welcome bonuses to new players.
A horario de madrugada advertising window between 1am to 5am is also in effect across television, radio and online.
However, the Supreme Court has now issued a court order which gives stakeholders 10 days to supply evidence and opinion into the unconstitutionality of the regulations.
The Supreme Court will then study the evidence, before deciding whether to pose the question of unconstitutionality to the country’s Constitutional Court.
EGR understands the Supreme Court will make its decision in July whether to ramp up the case to the Constitutional Court.
If the case does reach the Constitutional Court, EGR understands it could take around three years before a decision is made and subsequently the Supreme Court can issue a ruling.
This window of uncertainty has prompted some legal and industry figures to call for a return to status quo, i.e., allowing the return of gambling advertising until a decision has been reached by the courts.
Speaking to EGR, Santiago Asensi, managing partner at Asensi Abogados, said the fact the Supreme Court was calling for evidence indicated that the advertising ban held some legal doubt.
He said: “From my perspective, it is very likely that the question about the constitutionality will be sent from the Supreme Court to the Constitutional Court.
“The fact that the Supreme Court has decided to ask parties what their views on this subject [are] is a clear sign that, at least, this matter is generating a legal doubt to them.
“In the case that the question to the Constitutional Court happens, obtaining an injunction that could allow operators to advertise while this question is solved, would be exceptional as the general rule is maintaining the status quo during that period,” Asensi added.