On Thursday, the Court ratified the decision already adopted by the National Television Council, establishing that the broadcasting of online betting house advertising during child protection hours constitutes a violation of Law 18,838.

With this, the judges determined that this content is inappropriate for minors and may affect the training of children and adolescents, since it promotes betting activities related to games of chance, which constitute an illicit activity, criminally sanctioned.

In its ruling, the Court accepted the CNTV's reasoning on two key points: first, that the activity of online betting houses is an illicit activity and, second, that the exhibition of advertising spots referring to said activity is contrary to the spiritual and intellectual formation of children and youth.

Supporting the ruling of the Supreme Court (Role 152,138), which held that “online sports betting” are games of chance. They determined that its advertising promotion for minors under 18 years of age constitutes illegality, contrary to what Chilevisión (CHV) argued.

The Court has ratified the actions of the CNTV, estimating that the reasons invoked to justify the sanction comply with the law and do not present any formal or substantive issue. The fine imposed is proportional to the violation committed.

Failure details

Let us remember that on April 2, 2024, CHV filed an appeal for illegality against the CNTV. Those who had fined the channel with a fine of 20UTM, for broadcasting 9 advertising spots for online betting houses during protection hours on October 12, 2023.

This ruling marks a precedent because it represents the first ruling of the Court of Appeals regarding the exhibition of advertising spots of this nature.