EVIDENCE-BASED REGULATION
Despite the seemingly more consistent and proportionate model in the UK, we observe a prevailing trend towards restrictiveness not only in Europe, but also extending to other parts of the globe. In Colombia, in October 2023, Coljuegos published what could be interpreted as regulations for online gambling advertising, known as the “Advertising Resolution”. This resolution appears to be influenced by advertising restrictions implemented in the aforementioned countries, such as Spain. From this regulation, two aspects merit attention. Firstly, its formulation as an administrative act raises concerns about the principles of hierarchy and legal rank. Contrary to the legislator’s intent, an administrative act should not take precedence over laws and regulations of higher rank. Secondly, the absence of a technical study or justification based on actual data tailored to the needs of the Colombian population is notable. This lack of comprehensive analysis raises doubts about the adaptability and suitability of the regulatory measures. A poorly formulated regulation lacking comprehensive analysis risks undermining its effectiveness in addressing specific challenges and dynamics within the Colombian context. In August 2023, the President of Ecuador approved the regulations for the enforcement of the Organic Law of Communication, prohibiting sports betting advertising, sparking controversy, particularly among football clubs. The decree bans misleading advertising and all forms of sports betting or predictions. This prohibition poses challenges for football clubs who have signed contracts with foreign online operators, potentially jeopardizing their financial sustainability. The abrupt restriction has stirred concerns within the football community, highlighting potential economic implications and uncertainties about the future of partnerships with foreign online operators.
restrictions is Perú. In October 2023, the Supreme Decree 005-2023-MINCETUR (DS 005-2023) was published, approving regulations governing the provisions established in Law 31557. Key provisions include restrictions on promotions targeting minors and on legal entities lacking authorization from MINCETUR. It mandates that advertisements related to gaming and betting, as well as in gaming establishments, must include warnings about the potential development of gambling addiction. It will be interesting to observe the evolution of these measures and whether they ultimately translate into prohibitions akin to those observed in other jurisdictions. The examples above demonstrate a trend to replicate regulations in numerous different countries without truly pausing to analyze the specific needs of each. It raises questions about how countries universally escalate the prohibition of gambling advertising, ostensibly in the pursuit of combating gambling addiction or promoting responsible gaming, without scrutinizing the impact or coherence of such measures within their distinct populations. This lack of nuanced examination could result in regulatory overreach, imposing restrictions that may not align with the actual challenges faced by the respective societies. This pattern underscores the importance of conducting comprehensive analyses before replicating legislative frameworks, ensuring that regulatory interventions are well-suited to the unique characteristics of each society rather than being a one-size- fits-all approach. Not just advertising As outlined at the beginning of this article, the domino effect is not only evident in restrictions on advertising or marketing. Another noteworthy area is that of responsible gaming, a topic that remains at the forefront of discussions. Joint deposit limits are one example of a measure that has been introduced to promote responsible gaming in countries such as Spain
Another example of a country where regulations appear to be grappling with the consequences of advertising
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IMGL MAGAZINE | JANUARY 2024
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