ANFP and TNT Sports reject appeal over betting advertising
The National Professional Football Association of Chile and the television network TNT Sports refused to promote illegal activities linked to the advertising of online casinos and betting platforms, within the framework of a judicial process being heard in the Court of San Miguel. According to Chilean media, a man who claims to suffer from gambling addiction filed a writ of protection before that court and accused both institutions of promoting activities he considers illegal, comparing the advertising of online sportsbooks and casinos to the promotion of prohibited substances.
In response, the association's lawyer, Leonardo Villarroel del Valle, requested that the writ be rejected and argued that, according to Article 20 of the Constitution, protection requires an act or omission attributable to the respondent, whereas in this case, the display of betting advertising would correspond exclusively to the signal owner. He added that the association is a third party unrelated to the advertising contracts autonomously signed between that company and the betting platforms, and therefore the relative effect of contracts applies. He also stressed that the entity lacks passive legitimacy and has no power to intervene in or veto commercial decisions.
For its part, TNT Sports' representative, Eduardo Marcello Dorat, argued that the writ is untimely, as the petitioner himself admits that the questioned conduct has been ongoing for two years, a period that far exceeds the 30 days provided, and cannot be reactivated by a specific match or broadcast. He also argued that there is no undisputed right that justifies the precautionary action, given that the key factual assumption, the claimant's gambling addiction, is not proven in the case.
The network's representative also maintained that the aim is to establish a advertising ban through judicial means that the law does not contemplate for an activity that, in his opinion, is legitimate, a definition that corresponds to the Legislative Power. He added that, even if betting were deemed illicit, this would not automatically extend to its advertising. Finally, he warned that the petitioner's thesis would lead to the absurdity of holding media, venues, clubs, or commentators who disseminate associated brands equally responsible, and that suspending broadcasts and advertisements due to a particular situation would affect a lawful economic activity with an impact on clubs, workers, sponsors, and spectators.
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Tags: National Professional Football Association, TNT Sports, Court of San Miguel, writ of protection