Is online gaming advertising in Spain mission impossible?

On the radio and on TV, the broadcast of advertising spots will be limited to a time range between 1 and 5 a.m. and any broadcast outside that time is explicitly forbidden.

2020-03-09

Spain

Reading time 1:29 min

By the end of February, Spain’s Ministry of Consumer Affairs issued official guidelines for the implementation of gambling, which include around 100 measures that affect broadcasters, radio, television and news media. The restrictions will become effective next summer and they place gambling on an equal footing to alcohol and tobacco in terms of advertising legislation.

The most important measures affect mostly advertising content and they impose the same time limits which are implemented on tobacco and alcoholic beverages. Moreover, these commercials cannot include celebrities and the content must be ‘neutral’, meaning that gambling cannot be depicted as a way of achieving success or becoming a millionaire or encourage viewers to gamble.

There are further restrictions. For instance on websites and the press, promotion will be limited to a small advert by the betting company, which will be subject to parental control and intrusive banners won’t be allowed.

On the radio and on TV, the broadcast of advertising spots will be limited to a time range between 1 and 5 a.m. and any broadcast outside that time is explicitly forbidden. Places to which children have access such as cinemas, public transport or the street cannot serve as advertising channels either.

These guidelines also affect sponsorship by professional players and sports entities. Only static publicity will be permitted within the field in competitions that begin at 8 p.m. or later.

The name of the betting brands and their logo can appear in the players’ shirts and uniforms, but the clothing for fans cannot be commercialized in children's size.

The advertising content cannot include a “call for action” (“play now” or similar). Bonuses are limited to a maximum amount of EUR 100.

According to official data on the evolution of the online gambling market, the money invested in marketing rose by 15.98% compared to 2019, with EUR 112.97 M invested in the last quarter of 2019.

The new measures are likely to reduce by 80% the number the advertising possibilities for gambling platforms since there are restrictions not only in terms of content but also in channels and time.

Breaching of these regulations could amount to financial penalties ranging from EUR 100,000 to 1 M. and in the case of very serious breaches, fines of up to EUR 50 M as well as license suspensions.