- Jdigital calls on the government to start a dialogue on gambling advertising
- The professional group finds that the new rules are not proportionate to what is needed
- Jdigital hopes to convince justice or the Minister of Consumer Affairs to overhaul the current advertising measures
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Gaming industry trade group Jdigital is trying to get the government to change its mind about advertising rules in the country. According to Jdigital, the new advertising restrictions are overbearing and hurt business. These are also what many jurisdictions in Europe seek to implement as proven consumer protection measures.
Jdigital urges relaxation of current gambling advertising measures
Television and radio advertising of gaming products has been limited to the early morning hours of 1:00 a.m. to 5:00 a.m., making the impact of such advertising very limited. The measure applies to digital advertising on social media and YouTube, although there is a small exception in the Royal Decree on commercial communications of gambling activities.
Social media advertising may still appear, but only if targeted to each particular brand’s followers, as opposed to the wider network of users on the same platform. Under the new rules, operators must ensure they only target consumers with their ads who are of legal gambling age, although anyone who has been verified can receive advertising material.
Jdigital hopes to challenge the measures and reverse or water them down. A recent decision by the Supreme Court’s Third Chamber in May has encouraged the professional group to lobby and question whether the gambling reforms have been passed in accordance with the constitution.
Temporary measures turn into legal mess
Originally, the measures were meant to be temporary safeguards against excessive or reckless gambling by isolated consumers in lockdown. However, these measures were quickly adopted to form part of a larger and more ambitious framework aimed at reregulating the entire market.
Jdigital argues that the manner in which new gambling regulations have been passed “undermines freedom of enterprise”. Jdigital has urged the Ministry of Consumer Affairs to initiate a discussion and consider fairer and more proportionate legislative means to address advertising rules in Spain.