Supreme Court annuls key advertising restrictions in Royal Decree 958/2020
Rulings of 2, 4 and 19 April 2024 annulled the rules on welcome offers, famous people, online and social media advertising in Royal Decree 958/2020.
By Oliwer Brewitz, Head of Marketing
Key changes
- Article 13(1) and (3), restrictions on promotions for new customers, annulled
- Article 15, ban on well-known public figures, annulled
- Article 23(1), general restriction on online advertising, annulled
- Article 25(3) on video-sharing platforms and Article 26(2)-(3) on social networks annulled
- Rest of Royal Decree 958/2020 upheld
What changed
In a ruling of 2 April 2024 on an appeal by the Asociación Española de Juego Digital, the Third Chamber of the Supreme Court annulled Articles 13(1) and 13(3), 15, 23(1), 25(3) and 26(2) and (3) of Royal Decree 958/2020 on commercial communications for gambling. Further rulings of 4 April 2024 and 19 April 2024 (the latter on an appeal by the professional football league) annulled Article 23(1) and Articles 13(1) and (3) respectively. The rulings were published in the BOE on 25 May, 31 May and 8 June 2024. The court held that limits on the advertising of a lawful activity need sufficient cover in law: Law 13/2011 did not set the criteria for these restrictions, so a regulation could not impose them. The rest of the decree was upheld.
What it means for advertising
The annulled provisions covered promotions aimed at new customers, the use of well-known public figures, the general restriction on advertising through information society services, advertising on video-sharing platforms and limits on social media advertising. Their removal reopens these channels for licensed operators, subject to the remaining provisions of the decree, which the court upheld. In May 2026 the ministry opened a public consultation on amending Law 13/2011 covering famous people, influencers and acquisition promotions.
What operators should do
Treat the annulled articles as no longer applicable, but keep complying with the rest of Royal Decree 958/2020 and with the safer gambling rules in Royal Decree 176/2023. Plan any return to digital, social or celebrity-led campaigns on the basis that a statutory reform may follow, and avoid long commitments that would be hard to unwind. Influencer and celebrity contracts should include clauses allowing changes if the law is amended.
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