Santiago Court of Appeals upholds regulators decision on online betting ads
The Santiago Court of Appeals has supported a National Television Council (CNTV) decision regarding the advertising of sports betting on television. The Court backed the CNTV’s decision regarding the airing of online betting advertisements during the day when television content is regulated to ensure that it is appropriate for children and adolescents.
This ruling is the first decision from the Court of Appeals regarding the airing of such advertisements, amidst eight similar claims filed by Satellite Television Provider DirecTV, telecommunications Company Entel and Chilevisión against CNTV resolutions.
The Santiago Court of Appeals upheld the CNTV’s reasoning, which argues that online betting activities are illegal and believes that broadcasting advertisements for such activities is detrimental to the spiritual and intellectual development of children and adolescents.
The Santiago Court followed the grounds of the Supreme Court ruling (Rol 152.138), concluding that “sports betting” falls under the category of gambling. Consequently, its advertising directed at minors under 18 years old is illegal, contrary to the position held by Chilevisión (CHV).
The Santiago Court of Appeals rejected the claim of illegality filed by major Chilean television network Chilevisión against the CNTV’s resolution dated April 2, 2024, which had imposed a fine of 20 Unidades Tributarias Mensuales (UTMs) for airing 9 online betting advertisements during protected hours on October 12, 2023. A UTM is a unit of measurement widely used for financial and economic purposes in Chile.
Agreeing with the CNTV’s reasoning, the judges determined that:
- The lack of regulation of online betting activities does not prevent the CNTV from conducting an ex post analysis of its television advertising
- “Sports betting” is classified as gambling, so it is appropriate to apply the prohibition of Article 9, letter a) of Law No. 19.995, which bans the entry or presence of minors in casino gaming rooms
- Promoting an illegal activity should be considered a violation of Law 18.838, as it broadcasts content that can negatively affect the development of children and adolescents.
According to the CNTV press release: “The National Television Council will continue to work to ensure compliance with the law and protect the most vulnerable audiences, ensuring that the content broadcasted is appropriate and safe for all.”
