Colombia has confirmed the partial suspension of Coljuegos’ online gambling advertising resolution after no appeal was filed within the legal deadline. The decision leaves several parts of Resolution 20231000019054 of 2023 paused while the wider court case continues.
The Council of State issued the provisional suspension in June after a legal challenge against the rules. The measure does not cancel the resolution, but it stops Coljuegos from enforcing several advertising, reporting and sanction provisions.
Ad spending limit is paused
The suspension removes the rule that limited operator spending on advertising and marketing. Online gambling companies had been required to keep advertising investment below 20% of a calculation linked to gross gaming revenue.
Special limits for newly licensed operators were also suspended. The court found that Coljuegos did not have the legal power to set a spending limit through an administrative resolution. The ruling affects licensed online gambling operators in Colombia. It does not allow unlicensed platforms to advertise or offer gambling products in the market.
Annual plans and reports no longer required
The Council of State also suspended rules requiring operators to submit annual advertising plans to Coljuegos. Quarterly reports covering contracts, invoices and advertising expenses are also no longer required under the paused provisions.
The court questioned whether Coljuegos had the authority to demand detailed commercial information from operators. It noted that supplier contracts, invoices and marketing spending can involve confidential business data. Operators remain subject to other gambling and consumer protection rules. The court order only applies to the provisions named in the suspension.
Fines and contract penalties affected
The suspension also covers parts of the resolution that allowed Coljuegos to impose penalties for advertising breaches. These included fines worth up to 1.5% of an operator’s gross income, non-renewal of concession contracts and unilateral contract termination.
The court also suspended a rule requiring Coljuegos approval for some share sales involving concession holders. The court found that the regulator may have exceeded its legal powers in creating those controls through a resolution.
The underlying lawsuit will continue before the Council of State. A final ruling could restore, amend or permanently remove the suspended provisions.
Other ad rules still apply
The suspension does not remove all advertising requirements for Colombia’s licensed online gambling market. Licensed operators must still promote only authorised gambling products and identify their approved brand in commercial material.
Advertising cannot target self-excluded users or promote games not authorised by Coljuegos. Responsible gambling messages, consumer protection rules and marketing standards for licensed products still apply.
