Publicidad y juegos de azar. Apuntes sobre la decisión histórica que entroniza la libertad empresarialSentencia del Tribunal Supremo 527/2024, de 2 de abril

Resum

The resolution that is the subject of this comment —STS 527/2024, of April 2— is going to give a lot of play, and never better said, since it is the estimate in part of the appeal raised by the Spanish Digital Gaming Association against Real Decree 958/2020, of November 3, on commercial communications of gaming activities, which has led to the cancellation of several precepts contained therein related to the prohibition of promotion only to former customers, the appearance of people of relevance or notoriety public in commercial communications, the limitations on commercial communications of gaming operators in information society services, the rules for the dissemination and exchange of videos through the platform and on commercial dissemination communication on social networks. This endorsement by our highest jurisdictional body, that protects the freedom of enterprise enshrined in article 38 EC, represents a blow to state protectionism over gambling by activating a succulent bundle of market possibilities through communication and commercial advertising to online gambling operators.