Spain’s ombudsman is urging the government to impose a total ban on advertising gambling products and services, albeit with an explicit carve-out for state-run lottery operations.
On Monday, Spanish media reported that Acting Ombudsman Francisco Fernández Marugán (pictured left) had submitted documentation recommending that the government consider a total ban on gambling advertising – in particular online gambling advertising – with the notable exception of the state-run SELAE and ONCE lottery and pool-betting operations.
Last October, Spain’s Finance Minister María Jesús Montero announced plans to restrict gambling advertising much as the nation restricts advertising tobacco products. Gambling ads would be prohibited from airing on any broadcast media – television, radio, internet, etc. – during periods in which minors might be watching/listening. The government would also ban celebrity endorsements and gambling signage at sports events.
Marugán says that these restrictions would be reasonable if a total ban isn’t imposed, while suggesting that infractions of the proposed restrictions could result in revocation of an operator’s gambling license. But Marugán justified the idea of a blanket ban by claiming that the right of a business to advertise was not enshrined in Spanish law. Marugán further argued that gambling was “a public health issue that requires a regulatory framework with imperative legal norms.”