EVIDENCE-BASED REGULATION
appropriate to achieving that goal, it examines the studies conducted to support their adoption, and their alignment with the specific needs of each population. It seeks to critically examine whether the regulatory actions taken are well- founded, considering factors such as cultural context, societal dynamics, and the potential unintended consequences of the universal replication of measures aimed at addressing gambling-related issues. In the context of regulatory trends, Spain serves as a clear example. Its approach closely mirrors the steps taken by Italy, with the approval of the Royal Decree on Gambling Advertising in 2020. Despite initial attempts to present this decree as distinct from the Italian version, it has gradually evolved into an almost perfect replica. Marketed as a being less restrictive than the Italian approach, the accompanying impact assessment justified its implementation by emphasizing its role in combating gambling addiction in Spanish society. The paradox becomes apparent when examining prevalence studies in gambling disorders. Spain, at the time it adopted the Royal Decree, maintained a stable percentage of 0.3% 1 of adults aged 18 and older with gambling disorders, whereas Italy reported figures of approximately 3% 2 . This discrepancy raises questions about the correlation between prevalence rates and the strictness of regulatory measures. The fact that Spain has essentially replicated the Italian model, and in some aspects, even intensified it, indicates a broader trend towards adopting standardized measures without a comprehensive examination of their suitability for specific societies. This highlights a propensity for regulatory convergence, where countries may copy the approaches of others without conducting a thorough assessment of their appropriateness within their own socio-cultural contexts. The lack of conclusive evidence supporting a direct link between advertising and gambling disorders further complicates the
justification for such strict regulatory measures.
The most recent cases illustrating this replicative trend are Belgium and the Netherlands. Their respective regulations strictly banning gambling advertising came into force on 1 July 2023. They are unlikely to be alone in the coming years. It is interesting and worth noting the case of the UK, which has actively addressed gambling advertising since the enactment of the Gambling Act in 2005. In December 2020, the UK Gambling Commission’s Call for Evidence sought information regarding the benefits and drawbacks of allowing gambling operators to advertise, the effectiveness of mandatory safer gambling messages, the impact of promotional offers, and the effects of gambling sponsorship in sports and eSports. The subsequent White Paper, released in April 2023, faced criticism for its perceived light-touch approach to marketing and advertising regulations. The government’s stance was influenced by the submissions during the Call for Evidence, which indicated a lack of conclusive evidence linking advertising to harm or gambling disorders. The White Paper’s proposals reflect a cautious response, acknowledging the complexities and uncertainties surrounding the relationship between gambling advertising and potential harm, while also considering alternative protective measures already in place or under consideration. It is noteworthy that the prevalence of gambling disorder in the UK is similar to that of Spain, remaining stable at 0.2% 3 . While it may seem that both countries share similar needs in combating gambling addiction, their approaches differ. The UK separates the direct impact of gambling advertising from the development of a disorder. On the other hand, in Spain, the approach leans towards almost a total prohibition of gambling advertising.
1 Regulatory Impact Assesment of the Royal Decree on Gambling Advertising. Ministry of Consumer Affairs, 2020. 2 Pacifici R, Mastrobattista L, Minutillo A, Mortali C (Ed.). ‘Gambling in Italy: research, training, and information’: results of an integrated project. Rome: Higher Institute of Health; 2019. (ISTISAN Reports 19/28) 3 Statistics on participation and problem gambling for the year to March 2022. Gambling Commission
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IMGL MAGAZINE | JANUARY 2024
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