Spanish Senate Approves Gaming Reforms

On Wednesday, October 26, 2022, the Spanish Senate voted vastly in favor of a reform of a current gaming law. The bill proposed changes to Law 13/2011 and came into play this year in late May. While gambling remains legal and regulated, the biggest change is how Spain addresses what are seen as “vulnerable” groups in the fight to prevent gaming addiction and promote responsible gambling throughout the nation.

A Spanish flag waves on top of a congress building.

Spain’s Senate has voted in favor of a bill to reform gaming, particularly against sports betting fraud. Alexander Awerin/Unsplash

A breakdown of votes

The bill in question was approved with 146 favorable votes. No one voted against the bill outright, though 113 senators opted to abstain from the vote. Still, it was enough to pass the bill. As long as the Senate does not introduce any amendments to the bill, it will now be sent to Spain’s Prime Minister for his endorsement. It is unlikely that Prime Minister Pedro Sánchez would not endorse this bill.

What are Spain’s new gaming reforms about?

Spain’s new gaming reform bill addresses groups the government sees as vulnerable. In other words, these groups may be more susceptible to risky gaming behavior. Part of the approach in working to prevent this will be through education and a general focus on the improvement of living conditions and health in at-risk areas. This is in line with recent work by Spain’s Minister of Health, Carolina Darias, who has spoken about gaming addiction in women and the impact of public health for vulnerable groups.

The bill is also a response to sports betting fraud. Several measures within it seek to fight fraud in this vertical. The move makes sense in light of a recent survey, which found that many Spanish gaming fans did not understand the difference between licensed or unlicensed online betting platforms, and some simply did not care which they used.

How will reforms be implemented?

Within the bill, the Senate has outlined a technical tool, which will hopefully be a help in addressing fraud and risk behavior in the population of Spain. It is called Global Betting Market Research Service, or Sigma, and collects and analyzes data pertaining to instances of betting fraud as well as other delinquency in gaming.

Several different organizations will have access to the tool and work with it in a collaborative and interactive way. This includes various law enforcement and security groups, Spain’s Higher Sports Council, leagues for professional sports teams, gaming providers, and sports federation groups. Though fraud has been an issue in the past, this will be the first time these agencies have such a comprehensive database at their disposal.

Spain is also cracking down on the ethical values of gaming companies. This comes in the form of content bans. Operators must proceed with their work with social responsibility in mind and must adhere to certain limitations. Content bans include: Anything that incites violent or antisocial behavior; racial, ethnic, sexual, religious, ageist, ableist, gender-based discrimination; and promotion of illegal activities.

These are fairly straightforward but there are other limitations that are more complex. For example, gaming providers should not be seen to be promoting gambling in relation to activities that are illegal or harmful. They also should not create a stigma for non-gamers or promote the lifestyle of those who do play as “superior.” Gaming must not be presented as an essential priority.

Furthermore, the government will implement a General Registry of Bans on Access to Gambling. This will also be an interconnected database for relevant authorities to track those who need to be banned from gaming for illegal activities. It is not yet clear if this database will also give those suffering from gaming addiction an option to self-register in order to be barred from playing in the future, as some countries have implemented.

Lastly, law enforcement and the judicial system will have more leeway in charging illegal gambling establishments for criminal activity: providing gaming without a proper license, for example. Fines come in three tiers based on the seriousness of the activity, and range from 150 to 1,000,000 euros. Establishments may also be closed for a maximum of five years if the court deems it necessary.

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A Spanish flag waves in front of a large building in Madrid.

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