The Spanish government is moving to block a legal loophole that recently allowed celebrities and social media influencers to return to gambling advertisements.
The Ministry … of Social Rights and Consumer Affairs, led by Pablo Bustinduy, has announced a new legislative offensive to ban public figures from appearing in betting commercials and social media promotions.
The move comes as a direct response to a April 2024 Supreme Court ruling, which annulled several articles of the 2020 Royal Decree on gambling. That ruling had temporarily lifted the ban on using famous personalities – including athletes, actors, and streamers – to market betting platforms, arguing that such a total prohibition lacked a sufficient legal basis under the existing laws.
Protecting the vulnerable
Minister Bustinduy stated this Tuesday that the government’s “democratic duty” is to protect citizens, particularly minors and those at risk of addiction, from the “aggressive” marketing tactics of the gambling industry.
“We cannot allow figures who serve as role models for our youth to be the face of activities that lead to ruin for thousands of families,” the Minister declared.
The proposed reform aims to provide the robust legal framework the Supreme Court found lacking, ensuring that the ban on celebrity endorsements is “airtight” and resistant to future legal challenges from the gaming lobby.
Key measures in the new proposal:
• Total Celebrity Ban: A complete prohibition on the use of “personalities of public notoriety” (influencers, athletes, actors) in any form of gambling advertising, whether on TV, radio, or digital platforms.
• Digital Platform Responsibility: Stricter oversight of social media algorithms to prevent gambling content from reaching under-18s.
• Impactful Warning Labels: The introduction of new, “shocking” health warnings on betting sites, similar to those found on tobacco packaging, highlighting the low probability of winning.
Industry pushback
The gambling trade association, JDigital, has already expressed concern over the proposal. It argues that the industry in Spain is already one of the most regulated in Europe and that further restrictions will only drive users toward illegal, offshore betting sites that offer no consumer protections.
However, the Ministry cites recent health data showing a high correlation between gambling exposure on social media and the rise in ludomania (gambling addiction) among young adults. The new law is expected to be fast-tracked through Congress by the end of the year.