Spain: Ban On Advertising Gambling?

The Spanish gambling industry still stands clearly behind the country’s lotteries, but the gambling sector has also grown enormously in recent years. This also includes advertising measures, which have become more and more extensive in the recent past. The country’s gambling ombudsman is now fighting precisely against this. And this gets powerful Zuspruch with the finance authority. After some months ago already a suggestion for the reduction of the advertising measures of the gambling industry was submitted, the finance authority already gave green light for the suggestion. A conversion in practice could be nevertheless still waited for.

Ombudsman: Gambling concerns public society

Francisco Fernandez Marugan is the so-called Gambling Ombudsman in Spain . Here it concerns a again created position, which is to provide in the future for a better communication between the industry and the license authority. Specifically, the ombudsman should, for example, identify possible improvements and submit appropriate suggestions for improvement. This is exactly what Marugan has obviously done in the last few months, and so he has worked to ensure that the advertising measures of the gaming industry are significantly reduced. For this purpose a proposal paper was submitted to the tax authorities , if desired this in the past weeks could examine extensively. The result of the authority: The gambling advertising prohibition stands from view of the tax authorities nothing in the way.

That is a large success for Marugan, which explained that gambling concerns the entire public society and it would need therefore a legal framework with compelling defaults. The plans themselves cover according to Marugan obviously a general advertising prohibition for the gambling industry, from which exclusively two Lotterie offerers are excluded . The reason: The offerers support social mechanisms in the country with their incomes and are to make therefore further advertisement for the own Portfolio may.

A Zustimmung of finance authority: Progress or not?

It is naturally not a big surprise that Marugan calls the agreement of the finance authority for the reduction of the advertising measures success. Similarly see this obviously also members of the government party POSE. These explained following the publication of the agreement that one wants to bring as fast as possible appropriate law proposals into the parliament. Somewhat differently it sees again the Spanish gambling authority . This admonishes to the peace and explained that only once an appropriate law must be drafted and itself the process could pull approximately around a prohibition therefore still some time. Nevertheless it is not to be rejected by the hand that the green light of the tax authorities can be seen as clear indication for the fact that the Spanish authorities are not completely disinclined opposite a possible prohibition at least .

Already in the last year the discussions stepped approximately around the advertising prohibition for the first time into course , were then however not pursued further. That could change now again, even if critics are the opinion that in this case with cannon balls on sparrows one shoots. Although the Spanish gambling industry has been able to increase significantly in recent years, in European comparison it is still a “harmless” market. In 2018, the total income of the gaming industry in Spain was around 700 million euros, of which the casinos on the Internet generated around 234 million euros. However, the Spanish lotteries, which recorded significantly higher revenues of nine billion euros in the same period, are also stronger.

Advertising enthusiasm for advertising reduction in various countries

Not only in Spain, but also in other countries an advertising ban for the gambling industry currently or for some time already plays an important role. The country Italy proceeded particularly drastically against the gambling advertisement . Here this is forbidden for some months in the TV and radio. That again hard provided last for sharp criticism with the medium federation AGCOM, which accused the authorities of placing the Spanish medium industry in this way into a disadvantage. At the same time, of course, the horrendous financial losses that can be found due to the lack of advertising contracts were also criticized. In Great Britain the advertising measures for the gambling industry were likewise clearly limited, even if one is here at least still away from a total prohibition.

Similar directions hit besides the countries Sweden or Norway, where the gambling advertising prohibition is worked on at least already in theory. In all countries it is naturally so, that on different ways resistance against these plans energizes itself . And there also the south European Spain forms no exception.

Hard resistance is expected

The gambling industry announced after the communication of Marugan also that one feels unberecht treated by the plans. Nevertheless one is urged on this way into the corner by ?black market dealers?, ?strong? although one possesses official licenses of the country ?/strong? In fact, they might have to be revised, because so far possible reductions in advertising have not been taken into account in the license conditions. In addition, the gambling industry announced that the Ombudsman had drawn up his plans on the basis of a “misinformed agenda”. Therefore, these plans will not simply be accepted, but will be defended juristically with all possible means . Even if the theoretical basic conditions for an advertising prohibition can be brought thus possibly already in the near future into being, should actually still some weeks pass up to the practical conversion . The mills of the Spanish justice, similarly as also in other countries of the world, grind not always in record speed. Especially in the case of legal resistance, the planned ban could develop into a tough affair. After all the resistance in Spain waits not only in form of critical voices from the gambling industry, but also from the range of the media. Here there is already resistance in the form that similarly as in Italy from a clear disadvantage for the domestic enterprises one speaks. Nevertheless enterprises with seat outside of Spain could radiate their gambling advertisement despite the prohibition still in Spain – and would have so indeed an advantage in relation to the Spanish medium enterprises.