Following a court battle, the Constitutional Court of Spain rejects challenges to the country's gambling advertising ban, strengthening regulatory authority. There are no constitutional problems with the Garzón Law, which was passed by former Minister Alberto Garzón. Players in the market, like Jdigital, adjust to the new structure and prepare for the introduction of strict gambling regulations in light of Spain's changing regulatory environment.

Spain's Court Maintains the Garzón Law Banning Gambling Advertisements

The measure gave rise to a legal dispute concerning the validity of the gambling advertising prohibition proposed by Alberto Garzón, the former Spanish Minister of Consumer Affairs. The nation's Constitutional Court came to the conclusion at the end of last week that there was nothing to be resolved, despite being ready to take on that battle.

Jdigital has asked the Spanish Association of Digital Gaming to review its regulations. It argued that for more than a year, the regulation sought to regulate an industry sector outside the jurisdiction of federal legislative oversight.

They reasoned that prohibiting gambling and betting advertising would be against the constitution. The law was eventually dubbed the Garzón Law after he put several restrictions on the gaming industry before he left office last week.

Spain's Swift Law Closures the Advertising Loophole for Gambling

Spain has made numerous revisions to Law 13/2011, one of which included a section on gambling advertising. Article 7.2 of the bill made it unlawful to sponsor, advertise, or promote gaming without the necessary authorization. 

Its execution was left up to the pertinent authorities, which in Spain included the telecoms and gaming departments.

Jdigital asked the Supreme Court to review the law because it believed that legislation, not regulation, was the only way to address the ban. It argued that the wording affected the core ideas of corporate freedom and legislative authority.

At the time Jdigital filed its appeal with the court, the Supreme Court appeared to concur. Law 23/2022, however, was passed by Spanish lawmakers to close the loophole prior to the decision being appealed to the Constitutional Court.

Law 13/2011 was modified with the addition of a new article, 7 bis, which contains regulatory guidelines for the advertising of gambling activities.

By providing accurate information on regulatory controls, Law 23/2022 granted the regulators the requisite authority.

The Constitutional Court declared Jdigital's appeal to be invalid in a majority decision. It seemed as though the appeal had never been made as a result.

Jdigital Adjusts to Spain's Changing Gaming Laws in the Post-Garzón Era

Spain has made numerous revisions to Law 13/2011, one of which included a section on gambling advertising. Article 7.2 of the bill made it unlawful to sponsor, advertise, or promote gaming without the necessary authorization. Its execution was left up to the pertinent authorities, which in Spain included the telecoms and gaming departments.

At the time Jdigital filed its appeal with the court, the Supreme Court appeared to concur. Law 23/2022, however, was passed by Spanish lawmakers to close the loophole prior to the decision being appealed to the Constitutional Court.

Law 13/2011 was modified with the addition of a new article, 7 bis, which contains regulatory guidelines for the advertising of gambling activities. By providing accurate information on regulatory controls, Law 23/2022 granted the regulators the requisite authority.

The Constitutional Court declared Jdigital's appeal to be invalid in a majority decision. It seemed as though the appeal had never been made as a result.