Spain Considers Regulating Loot Boxes in Video Games

Jdigital Urges for Rethink of Advertisement Rules in Spain

Jdigital Urges for Rethink of Advertisement Rules in Spain

In Summary:

Jdigital calls on the government to start a dialogue about gambling advertisementThe trade group finds the new rules to not be proportionate to what is necessaryJdigital hopes to convince the courts or the Minister of Consumer Affairs to overhaul the current advertisement measures

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Gambling industry trade group Jdigital is trying to change the mind of the government insofar as advertisement rules in the country go. According to Jdigital, the new restrictions that apply to advertisement are overbearing and hurt business. They are also what many jurisdictions in Europe seek to implement as tested consumer protection measures.

Jdigital Urges for Relaxation of Current Gambling Advertisement Measures

TV and radio advertisement of gambling products has been restricted to the wee hours from 1 am to 5 am, making the impact of such advertisement very limited. The measure applies to digital advertising on social media and YouTube, although there is a small exception in the Royal Decree on the Commercial Communications of Gambling Activities.

Social media advertisement may still appear, but only if it’s targeted at each particular brand’s followers as opposed to the broader network of users on the same platform. Under the new rules, operators must make sure that they only target consumers with their ads that are of the legal gambling age, although anyone who has been verified may receive advertisement materials.

Jdigital is hoping to contest the measures and reverse or water them down. A recent ruling by the Third Chamber of the Supreme Court this May emboldened the trade group to press on and question whether the reforms of gambling were passed in accordance with the constitution.

Originally, the measures were supposed to be temporary guardrails against excessive or reckless gambling practices by isolated consumers on lockdown. However, these measures were quickly adopted to be a part of a bigger, more ambitious framework designed to reregulate the entire market.

Jdigital is contending that the manner in which the new gambling-related regulations have been passed “infringe on the freedom of enterprise.” Jdigital has urged the Ministry of Consumer Affairs to start a discussion and consider fairer and proportionate legislative ways to address advertisement rules in Spain.