Spain's Supreme Court has ruled that restrictive laws enacted in 2020 that were designed to prevent minors from being exposed to adult-only pastimes were in many cases too heavy-handed and has ordered them to be overturned. The news came as a surprise win for gambling operators serving the country and will allow some additional advertising freedoms to take place.
The issue at heart was the reach of Spain's Royal Decree 958/2020, which expanded on the already-restrictive measures enacted back in 2011 that made Spain, in essence, a firewalled jurisdiction when it came to online-gambling services. The 2020 decree, however, wasn't specific to online gambling; it was instead a collection of broad restrictions designed to shield Spanish minors from being exposed to adult-only behaviors and pastimes.
Regarding gambling, for instance, the 2020 decree limited the hours that gambling companies could advertise on TV, radio, and select other media to just 1:00 am to 5:00 am, far beyond the family-friendly hours normally involved in advertising restrictions in other jurisdictions.
Gambling operators were also barred from advertising designed to attract new customers, even if those potential sign-ups were of legal age. Further bans enacted in recent years included the use of celebrities to promote a brand or service, and more recently, ads depicting money, luxury items, social status, and even personal health fell under the banhammer.
