Spain to Mandate Gambling Warnings Modeled After Tobacco Packaging
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New regulations aim to curb rising rates of young people engaging in online betting, but industry groups decry the measures as stigmatizing and unfair.
Spain’s Ministry of Social Rights, Consumption and Agenda 2030 is moving forward with a controversial plan to require online gambling platforms to display prominent warning messages, mirroring those found on cigarette packaging. The move, outlined in proposal 958/2020, represents a renewed effort to reinstate restrictions from the so-called “Garzón Law,” which where previously annulled by the Supreme Court in 2024. key measures under consideration include banning the use of celebrities in gambling advertisements and limiting the availability of welcome bonuses.
The core of the new proposal centers around three mandatory warning messages that operators must display on their sites. These messages, directly inspired by tobacco health warnings, are intended to be stark and impactful. According to a ministry press release, the required notices will state: “Pathological gambling is a risk of gambling,” “The probability of being a player who loses money is 75%,” and “The losses of the total number of players exceed their profits by 4 times.”
Minister Bustinduy has justified the proposal by citing data from the General Directorate of Gambling Regulation (DGOJ), which reveals a notable increase in online gambling participation. Specifically,the DGOJ data shows a 28% rise in new young players and a 21.63% increase in the total number of online players during 2024. These figures, the ministry argues, underscore the urgent need for greater consumer protection.
Industry Concerns Over Restrictive Regulations
Despite the ministry’s focus on protection, the gaming industry has reacted strongly to the proposed measures.Sources within the sector point out that Spain already possesses some of the most stringent gambling advertising and consumption regulations in Europe. They also emphasize that operators have proactively implemented internal policies designed to promote safe and responsible gaming.
“The entire industry-operators,affiliates,suppliers and platforms-works actively to promote safe practices,” one industry expert noted. Platforms like Casino.org,which compares online casinos and promotes those committed to responsible gambling,exemplify this commitment,according to platform spokespersons.
However, Jdigital, the association representing Spain’s leading online gaming operators, has condemned the new regulations as “stigmatizing, alarmist and misleading.” The association argues that the announcement comes amidst a breakdown in communication with the regulator, alleging that Minister Bustinduy has ceased dialog with industry stakeholders.
Accusations of Unequal Treatment
A central point of contention is the perceived unequal treatment between private operators and state-run gaming entities. Jdigital maintains that private companies are being unfairly penalized while public lotteries are exempt from similar obligations, despite offering products with comparable risks. “Private operators are arbitrarily punished,” a statement from the association reads, “while public lotteries are exempt from equivalent obligations.”
Moreover, Jdigital argues that the proposed warnings unnecessarily stigmatize adult users who engage in legal gambling. “It is like insinuating that every player is, by definition, a person at risk, which is unfair and contrary to the necessary differentiation between healthy leisure and problematic behaviors,” the association contends. They advocate for prioritizing efforts to combat illegal gambling, which operates without controls and poses a genuine threat to vulnerable individuals.
New Influencer Advertising code Takes Effect
Coinciding with the ministry’s announcement, a new Code of Conduct for Advertising through influencers came into force on October 1. Developed by Spain’s leading advertiser associations, the code aims to eliminate surreptitious advertising and ensure clear identification of all sponsored content. PwC has offered a positive assessment of the code, stating that it “not only does it reduce the risk of claims; it professionalizes the channel and protects both the advertiser’s brand and the creator’s personal brand.”
The debate over these new regulations highlights the ongoing tension between protecting vulnerable consumers and fostering a responsible, sustainable gaming industry in Spain. The coming months will be critical as the Ministry of Social Rights moves to implement these changes and the gaming sector responds to the evolving regulatory landscape.
