Last updated: December 27, 2023
After a legal battle over Spain’s gambling advertising ban, the Constitutional Court dismisses challenges, reinforcing regulatory authority. The Garzón Law, enacted by former Minister Alberto Garzón, faces no constitutional issues. Industry players, including Jdigital, adapt to the new framework, anticipating the implementation of stringent gambling reforms under Spain’s evolving regulatory landscape.
The legislation resulted in a court dispute regarding the constitutionality of the gambling advertising ban introduced by Alberto Garzón, the former Minister of Consumer Affairs for Spain. Though prepared to take on that battle, the nation’s Constitutional Court concluded at the end of last week that there was nothing to be resolved.
Jdigital has requested a regulation review by the Spanish Association of Digital Gaming. It contended that the regulation attempted to regulate an industry area outside the purview of federal legislative oversight for more than a year.
That reasoned that it would be unconstitutional to introduce a ban on gambling and betting advertising. After implementing several restrictions on the gaming industry before he left office last week, the law was eventually dubbed the Garzón Law.
Law 13/2011, which Spain has revised multiple times, included the section on gambling advertising. The bill’s added article 7.2 made it illegal to promote, sponsor, or advertise gambling without the required permission. Its implementation was left to the relevant regulators, which included the gambling and communications authorities in Spain.
Jdigital felt that legislation, not regulation, was the only way to address the ban, so it asked the Supreme Court to review the law. It contended that the wording impacted the fundamental principles of legislative authority and corporate freedom.
The Supreme Court agreed on the surface when Jdigital filed its appeal with the court. However, Spain’s lawmakers closed the loophole when they passed Law 23/2022 before the ruling made it to the Constitutional Court.
With the introduction of a new article, 7 bis, containing regulatory guidelines for the advertising of gambling activities, Law 13/2011 was amended. By doing this, Law 23/2022 gave the regulators the necessary authority by supplying precise information on regulatory controls.
The Constitutional Court decided unanimously that Jdigital’s appeal was void. Thus, it appeared as though the appeal had never been made.
Law 13/2011, which Spain has revised multiple times, included the section on gambling advertising. The bill’s added article 7.2 made it illegal to promote, sponsor, or advertise gambling without the required permission. Its implementation was left to the relevant regulators, which included the gambling and communications authorities in Spain.
Jdigital felt that legislation, not regulation, was the only way to address the ban, so it asked the Supreme Court to review the law. It contended that the wording impacted the fundamental principles of legislative authority and corporate freedom.
The Supreme Court agreed on the surface when Jdigital filed its appeal with the court. However, Spain’s lawmakers closed the loophole when they passed Law 23/2022 before the ruling made it to the Constitutional Court.
With the introduction of a new article, 7 bis, containing regulatory guidelines for the advertising of gambling activities, Law 13/2011 was amended. By doing this, Law 23/2022 gave the regulators the necessary authority by supplying precise information on regulatory controls.
The Constitutional Court decided unanimously that Jdigital’s appeal was void. Thus, it appeared as though the appeal had never been made.
Susan is a verified gambling support specialist who has helped thousands of problem gamblers get back on their feet through therapy and financial counseling. She’s also worked as a cage manager in four Las Vegas casinos and spent two years in Macau in her 30s, where she became extremely savvy at Sic Bo and other Asian table games. Her knowledge and expertise have and continue to play a priceless part in how we structure our content, particularly when it comes to game guides and casino reviews.
