On November 3, the Council of Ministers approved the Royal Decree on Commercial Communications for Gaming Activities, a regulation that prohibits online advertising of games of chance and bookmakers and restricts it in traditional media such as television and radio.
Until now, there was no equal regulation in online gambling advertising, a sector that has grown exponentially in the last decade: according to the ministry, it has been in young people between 18 and 25 years old, since in 2017 28% of new players were in that age group, and in 2019 it increased to 40%.
“The objective is to protect public health and the most vulnerable groups, including minors, young people and those with pathological behaviors due to an intensive use of these activities”He assured that it now comes into force.
Tonight the ban on gambling and betting advertising comes into force. It has not been easy. Football and other competitions will be healthier, cleaner and in line with the values of sport.
– Alberto Garzón🔻 (@agarzon)
Restrictions on online advertising for games of chance and bookmakers
The Royal Decree develops articles 7 and 8 of the , and consists of 37 articles that regulate the advertising and promotion of games of chance and bookmakers both online and offline.
The initial measure is that betting advertising will only be allowed in media such as television and radio between 1:00 a.m. and 5:00 a.m., while online gambling advertising It can only be displayed on the portals of the gaming operators, while in “You can only broadcast advertising messages to his followers”.
📺 TV en DIRECTO | El ministro Garzón enumera las medidas de la nueva ley del juego que prohíbe la publicidad en televisión y radio salvo entre la una y las cinco de la madrugada y veta estos anuncios en internet, redes sociales y eventos deportivos pic.twitter.com/ZgqgptmXVT
— EL PAÍS (@el_pais) November 3, 2020
Also, on other video-sharing platforms like YouTube, “advertising is relegated to the same schedule as the rest”that is, between 1:00 a.m. and 5:00 a.m.
As for the , “It can only be done with the consent of the interested person”Y Under no circumstances may advertising be sent when the recipient has developed risky behaviorHowever, it is not yet clear how this express consent of the sender will be carried out. All other online ads will be removed: from websites to online press.
Neither footballers nor celebrities may appear in betting advertising
In the case of minors, the regulations include a “Parental control through mechanisms that identify the category of games of chance in online advertising”. In other words, there must be instruments that “ensure that advertising is not directed at minors.”
One more of the limitations in online advertising for games of chance and betting houses is on the chosen people, since despite the fact that they are broadcast in the permitted time slot “people or characters of relevance or notoriety may not appear”, This means that celebrities, or soccer players, for example, must be excluded and they will not be able to issue false testimonies either. In relation to deposit bonuses, will be prohibited Y “They will only be able to target registered and verified customers.”
One more point to note is that football teams will not be able to sign sponsorship contracts with these bookmakers, that implies “carry advertising of games of chance on shirts and equipment, nor may they broadcast advertising of bets on sporting events held outside the early morning hours”.
Although the Ministry of Consumer Affairs gave notice last week to the soccer teams with a statement to end their advertising contracts with bookmakers, The Decree included a moratorium for contracts in force, which ended on August 31, 2021.
Dissatisfied gaming companies
Of course, after the approval of this new regulation, several gaming companies expressed their disagreement. Cejuego, private gambling employer in Spain considers that once again “the sector is subjected to double standards when it comes to understanding its activity and impact on society with a clear differentiation between public and private management” because the text of the Royal Decree “excludes among its most restrictive measures” the publicity of public games».
The employers themselves recognize that the lack of regulation for so many years “has led to an overexposure that negatively affects the social perception of the game”but affirms that these strict measures harm users more.
“The sector has always been on the side of society defending the elimination of messages that encourage disorderly gambling or promote bonuses or fees. But the Ministry must not forget the market and commercial freedom of the sector, which does not respect the RD”, affirmed , general director of the gaming association.
In addition, it adds that the complete elimination of online gambling advertising “It will have a negative effect since the lack of information about Spanish online gaming portals will lead many players to portals with domains that are not .es, where the Spanish regulation cannot ensure its safety and that of their money, as has happened in other countries.”
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