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The court has annulled part of the decree promoted by Minister Alberto Garzn that limited gambling advertising
10 abr 2024 . Updated at 12:34 p.m.
The Supreme Court has annulled several articles of the decree that limits the advertising of gaming and betting activitiespowered by the former Minister of Consumption Alberto Garznunderstanding that several precepts lack the necessary legal coverage.
The Administrative Litigation Chamber partially upholds the appeal of the Spanish Digital Gaming Association against him Royal Decree on Commercial Communications of Gaming Activitiesapproved on November 3, 2020, which regulates advertising in the betting and gaming sector onlinein Spain.
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The decree toughens the regulation on commercial communications by establishing that Betting announcements can only be broadcast between 01:00 and 05:00 and therefore disappearing the exception that allows doing so during sports broadcasts.
The ruling considers that Advertising is part of the freedom of business and is subject to limits, as it is a regulated activity in which the intervention of the State is required by the protection of higher interests of a general nature, such as those related to the protection of minors and the rights of consumers and users.
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Now, it explains that such limits and prohibitions, insofar as they also affect the exercise of a lawful business activity, must have sufficient legal coverage, without being able to be regulated by independent regulatory standards unrelated to the criteria and limits set by the legislator.
The reservation of law does not exclude the possible normative collaboration of the regulation, although a mere blank reference cannot be considered sufficient, but rather it must contain the general criteria or guidelines on which to base the limitations that can be established and The limitations must be proportional to the goal pursued.explain the magistrates.
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In this regard, they emphasize that certain limitations or prohibitions established in the decree lack the necessary legal coverage and, therefore, are annulled.
These are the articles that refer to the promotional activities aimed at new customersthe appearance in the advertising of famous people and the general prohibition of the dissemination of commercial communications through information society services.
It also cancels the articles that limit the advertising of the game on video sharing platforms as well as those that regulate the possibility of carrying out advertising on social networks.
Filed in: Supreme Court
2024-04-10 16:31:45
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