Colombia Court Suspends Key Parts of Coljuegos Advertising Rules for Online Gambling Operators

The Council of State of Colombia has provisionally suspended certain aspects of Resolution 20231000019054 of 2023, which are included in the framework of the new advertising policy introduced by the gaming regulator, Coljuegos, for online gambling operators.

Read more Finnish Authorities Review Susanna Penttilä’s Casino Promotion on Bangbus

The decision was made after a lawsuit was filed by Sora Lawyers, which claimed that some of the regulations are out of the scope of regulatory authorities and generate uncertainty for the licensed operators. After analysis of the application for precautionary measures, the court decided that there are enough grounds for suspension of certain provisions till the further judicial proceedings are carried out.

It is claimed in the resolution that the disputed measures might cause concerns in relation to economic freedoms, the requirements needed for imposing sanctions and restrictions, access to confidential commercial information, as well as restriction of shareholder rights, which is not regulated by any legislative body.

Provisions Which Have Been Suspended

As stated in the resolution, the advertising investment limits set by the regulator have been suspended for the licensed online gambling operators. Also, it has been decided to freeze provisions that allow Coljuegos to refuse to enter into concession contracts based on the criteria linked with trademarks, advertising actions, and service providers associated with operators.

Besides, the licensees will no longer be obligated to submit their advertising investment plans for review by Coljuegos and to provide necessary evidence of investments in marketing activities.

In addition, it has been decided to put on hold the necessity of obtaining prior permission from the regulator in relation to the acquisition of shares in concessionaire companies due to specific conditions linked with the advertising nature of the actions.

The Case Is Considered as One of the Most Important for the Industry

This temporary suspension has been considered as one of the most important legal events happening in the field of Colombia’s online gambling industry in recent years.

Read more Myanmar Stays on FATF High-Risk List Amid Scam Concerns

“If this is only a provisional measure, the suspension of the effects of a significant part of this regulation already represents one of the most relevant legal milestones for the sector in recent years“, said Juan Camilo Carrasco, Managing Partner of Sora Lawyers.

Now the discussions have restarted in relation to the boundaries of the administrative regulatory powers and the right of Coljuegos to regulate the industry, which already has its own legal and contractual framework. This decision can be appealed, and now it is up to the regulator to contest the ruling.

Gambling Industry in Colombia Has Significantly Outpaced Its Economic Growth

These legal discussions take place against the background of the continuing rapid growth of Colombia’s gambling industry. According to the report made by Corficolombiana, gambling activities in Colombia have been growing at a rate of about ten times greater than the country’s GDP after the pandemic began.

Also, it has been stated in the research that gambling is the main driver for the growth of the entertainment sector, which has been developing seven times faster than the country’s economy as a whole.

In the future, the industry is expected to continue to grow dynamically. As reported by Corficolombiana, gambling activities could bring about 5.8% of growth to the sector, thanks to the development of online gambling and the additional increase in gambling activities connected with the 2026 FIFA World Cup.

Read more Colombia vs. DR Congo projected lineups, starting 11 for World Cup 2026 Group K game in Guadalajara

Source: SBC Noticias