Legal considerations on the current situation of online gambling

Since the legalization of online gambling in Spain in 2011 there has been an exponential increase in the number of players -as well as addictive pathologies- and this has led to the emergence of a new economic sector. It has made Spain today the EU member with the largest amount of money spent on gambling per inhabitant. Internet has revolutionized the gambling industry by maximizing its accessibility and eliminating space-time barriers and online gambling has consequently become the leading cause of pathological gambling in our country. Once the direct relationship between availability and accessibility with addictive disorders has been demonstrated, it does not seem consistent to legalize online gambling nor to allow its advertising. The current terms of online gambling advertising are incompatible with the prevention of gambling addiction. The lack of regulation in this field is allowing advertising practices that seek to encourage the consumption of online gambling. The negative consequences that this activity produces not only are not avoided by the public authorities but are encouraged by their failure to act. With this background it is necessary to legislate, and to develop Articles 7 and 8 of the Spanish gambling regulation Act, to put an end to the current situation of systematic infringement of advertising and consumers’ and users’ rights.