The Supreme Court of Chile strengthens limits to online gambling advertising in children’s hours

The Supreme Court of Chile reaffirmed the powers of the National Television Council (CNTV) to sanction online gambling advertising during child protection hours, by overturning a previous ruling of the Santiago Court of Appeals that had revoked a fine imposed on Chilevisión for this reason.

The decision of the highest court reinstates the penalty imposed by the CNTV on Universidad de Chile - Chilevisión Television Network, following the issuance of notices from betting and gambling platforms in a time slot specially designed for children and adolescents, strengthening the regulatory framework that limits the promotion of gambling in traditional media.

Advertising of betting under judicial scrutiny
The origin of the case goes back to a decision by CNTV in April 2024, which penalised the operator for broadcasting five advertising spots on platforms such as RojaBet, Betano and Betsson between 16:43 and 18:57. This section corresponds to the schedule of enhanced protection for minors on Chilean open television.

While the Court of Appeals had accepted the claim of the channel, arguing an alleged improper analog application of the regulations on gambling casinos and a violation of the principle of typicity, the CNTV appealed to the Supreme Court alleging a misinterpretation of the grounds for the sanction and an overstepping of powers by the appellate court.

Child protection at the centre
In considering the appeal, the Supreme Court decided to rule on the substance of the dispute, highlighting the relevance of the issue under discussion. In its judgment, the court found that the sanctioned advertisements were for online gambling platforms, with explicit references to real money gambling and warnings about addiction risks and prohibition for minors included in the advertising messages themselves.

Based on this background, the Court framed its analysis in the system of integral protection of the rights of children and adolescents, pointing out that Law No. 21.430 imposes an active duty on the organs of the State to guard against contents that may affect their development. He also recalled that this approach is consistent with the international commitments undertaken by Chile, in particular the Convention on the Rights of the Child.

In this context, the court stressed that Law No. 18.838 gives the CNTV clear powers to ensure the proper functioning of television services and issue rules preventing the exposure of minors to potentially harmful content, including gambling advertising.

No legal void or infringement
The Supreme Court expressly ruled out the existence of a normative vacuum or violation of the principle of typicity in the conduct of the CNTV. In its resolution, it held that there had been no improper application of the regulations by analogy and that the sanction was correctly based on the statutory powers of the supervisory body.

In addition, the court delved into the risks associated with online gambling for children, noting that these are universal access platforms that involve real money and lack, in many cases, effective protection mechanisms for minors. To this is added the presence of betting systems, slots and roulette with high addictive potential, especially in vulnerable groups whose development is not yet complete.

With this ruling, the Supreme Court not only reinstated the sanction applied to Chilevisión, but also sent a clear signal to the audiovisual sector and the gaming industry: protection of children prevails over commercial interests, and online gambling advertising will remain under strict control in slots intended for minors.