Spain's Supreme Court has upheld a partial appeal from the Spanish Digital Gaming Association against Royal Decree 958/2020

Spain's Supreme Court has upheld a partial appeal from the Spanish Digital Gaming Association (Jdigital) against Royal Decree 958/2020, leading to the annulment of certain gambling advertising restrictions, including bans on celebrity endorsements.

The Royal Decree, implemented in November 2020, aimed to curb minors' exposure to gambling advertisements by prohibiting aspects such as sponsorship deals with operators. However, Jdigital contested these measures, and although their initial appeal was rejected by the Spanish Constitutional Court in November 2023, the Supreme Court has now partially upheld their appeal.

Among the overturned measures is Article 13, which restricted targeted advertising towards new customers, allowing Spanish operators to market to players with accounts of less than 30 days. Additionally, Article 15, prohibiting celebrities from appearing in gambling ads, has been annulled.

Sections of Article 23 and 25, banning gambling adverts on video sharing platforms, have also been overturned, along with sections of Article 26, allowing operators to advertise on social media to users over 18.

The Supreme Court ruled that certain measures in Royal Decree 958/2020 lacked legal basis and should be annulled. Despite this ruling, restrictions such as sports sponsorships and time-limited advertising remain in place, preventing Spanish operators from advertising entirely freely.

Patricia Lalanda, a partner at LOYRA Abogados, a Spanish law firm involved in the case, expressed surprise at the ruling, stating, "When we received the judgment... we were very surprised... the sentence is conclusive."

Despite the annulments, Lalanda believes further attempts to challenge remaining restrictions may not be in the industry's interest. She said, "I do not believe that it is now in the interest of the gaming industry or others affected to open new avenues of struggle against the limitations that are still in force."

While the Supreme Court's decision represents a significant victory for Spanish operators, they remain subject to certain advertising restrictions, limiting their ability to advertise without constraints.

By fLEXI tEAM