Since the Supreme Tribunal dismissed an injunction filed by Spain’s media labour union, the “Asociación de Medios de Información,” the country’s authorised “Royal Decree of Advertising” will not be postponed or changed (AMI).
The Supreme Tribunal of Spain’s ‘commercial disputes chamber’ denied AMI’s request to delay the Royal Decree’s blanket ban on gambling advertisements, which will be enforced across all standard media formats – TV, radio, and print – on May 1.
AMI had challenged the Royal Decree, claiming that traditional broadcast incumbents in Spain had been commercially penalised by a “discriminatory timetable,” in which internet entrants would be allowed until August 1 to comply with updated federal advertisement regulations in Spain.
AMI had asked Spain’s Consumer Affairs Ministry to change the decree’s implementation dates, claiming that traditional broadcasters had been “economically hindered” and would miss out on main sports programming for the UEFA Euro 2021 Championships and the Tokyo Olympics.
On Friday, the commercial disputes chamber decided not to refer AMI’s injunction to the Supreme Tribunal, claiming that the company’s appeal did not excuse the delay in implementing a Federal directive through Spain’s 17 autonomous communities.
The chamber said in its decision that AMI had solely based its challenge on the Royal Decree’s “economic consequences,” which had been accepted by the federal government as a public health and advertisement standards directive.
Beyond sports broadcasting, both business and public players must be responsible for the decree’s commercial and economic changes, according to the chamber, and therefore AMI’s injunction has no basis to be forwarded to Spain’s highest-ranking law court.
The chamber argued that the Royal Decree’s summer schedule is “a general provision that must be complied with by all those affected, whose validity cannot be questioned based on interests other than those of the public interest.”