Law 13/2011, of May 27, on gambling regulation (hereinafter, LRJ) has among its unavoidable objectives the protection of minors, who are completely prohibited from participating in gambling activities regulated by said law.
This prohibition must guide the exercise of any actions, public or private, that may be carried out within the framework of the LRJ, since its purpose is to exclude from the scope of regulated gambling any aspect that may have as participants or connect with minors.
In the development of the regulated offer of online gambling that has taken place in Spain since the entry into force of the LRJ, and with particular regard to betting activity, it has been detected that some gaming operators with a license are offering prediction contests on events, mainly of a sporting nature, which may be exclusively or mainly carried out by minors.
There are several reasons why the General
Directorate for the Regulation of Gambling understands that it is not convenient for minors to take part in the events that are the object of the bet, whether of a sports nature or another, and all of them are based on the best interests of the minor. , constitutionally recognized and directly connected to the object of the LRJ from a holistic point of view. In the first place, due to the relevance of establishing a clear separation between the field of minors and that of all types of betting in order to avoid trivializing the risks of gambling and betting activity by minors.
And, secondly, with the purpose of guaranteeing
Healthy participation of those in the practice of activities that contribute to an adequate development of their personality, without incurring the risk of exogenous constraints arising from the appearance of third-party economic interests concurring in said activities. In this sense, this measure would help to eliminate from the environment of the training the possibility that the competitions are manipulated through the perversion of those people whose maturity has not yet been c꽁머니ompleted and, therefore, are more likely to be influenced.
For all of the above, by virtue of the provisions of article 6.3 and sections 4 and 9 of article 21 of the LRJ, which enable the Directorate General for the Regulation of Gambling to issue general instructions addressed to all operators of gambling and to ensure that the interests of vulnerable groups are protected, as well as in articles 14.1 of the Basic Regulation of other counterparty bets, approved by Order EHA/3079/2011, of November 8, of the basic regulation of bets sports counterparty, approved by Order EHA/3080/2011, of November 8, of the Basic Regulation of mutual sports bets, approved by Order EHA/3081/2011, of November 8, of the Basic Regulation of horse racing bets counterpart, approved by Order EHA/3082/2011,of November 8, of the Basic Regulation of mutual horse betting, approved by Order EHA/3083/2011, of November 8 and article 11.1 of the Basic Regulation of crossed bets, approved by Order HAP/1369/2014, of July 25, the following is provided:
Gaming operators with a unique license in any of the regulated bets will not be able to offer in their program of events those that are carried out exclusively or mainly by minors.
For the purposes provided in the first section, it is understood that all events that take place within the framework of a sports competition or of another type that, in a generalized way, only allow the participation of minors are mainly carried out by minors.