In Colombia, the nation’s top administrative court has provisionally halted the enforcement of certain advertising and promotional requirements imposed on online gambling operators by Coljuegos, the country’s gaming regulator. This decision, made in June 2026, centers around a 2023 resolution that set a marketing expenditure limit linked to gross gaming revenue (GGR). The court’s ruling underscores concerns about economic freedom, stating that Coljuegos overstepped its legal authority by establishing these limits without a clear legislative mandate. This suspension is part of an ongoing judicial review initiated by private individuals, Juan Carlos Calvo Ospina and Juan Pablo Cardona González, challenging the regulatory measures.
The court’s decision paused four sections of the 2023 Resolución No. 20231000019054, arguing that the regulator exceeded its legal reach. One such measure required operators to provide annual marketing plans and quarterly records, which the court deemed an undue invasion of commercially sensitive data, not explicitly sanctioned by law. Other provisions paused include restrictions against concession contracts with firms using unauthorized trademarks or linked to illegal providers, which included penalties and potential contract termination for repeated breaches. Additionally, a provision necessitating Coljuegos’ prior approval before concessionaires could sell shares was partly suspended.
Despite this ruling, certain regulatory requirements remain in place, particularly those aimed at combating illegal gaming operators. Coljuegos retains the authority to enforce transparency in advertising and take action against unlicensed operators, utilizing existing statutory mechanisms.
The court based its decision on three constitutional principles. Firstly, while Coljuegos holds broad regulatory powers over Colombia’s gaming monopoly, significant measures impacting economic freedoms must be legislated. Secondly, the creation of offenses and penalties is within the purview of government policymakers, not administrative bodies. Lastly, the protection of commercial confidentiality was emphasized, with the court recognizing the sensitivity of advertising strategies and supplier contracts, which Coljuegos was found to have no clear legal basis to demand disclosure of.
The suspension significantly curtails Coljuegos’ ability to immediately enforce specific financial caps and sanctions on the online gaming sector. Under President Gustavo Petro, the gambling industry has become a crucial revenue stream, with substantial contributions to the nation’s healthcare system. Figures from Coljuegos indicate that over COP4 trillion ($970 million) has been transferred to public coffers since 2022. Concurrently, online operators are navigating new fiscal challenges, including a temporary 19% VAT on player deposits introduced in 2025 and a recent 16% tax on online gambling revenues intended to support disaster recovery and the national budget.
The Council of State is expected to deliver a final judgment on the annulment petition. If the court ultimately annuls the disputed provisions, any reintroduction of similar regulatory measures by Coljuegos would necessitate explicit legislative endorsement.
As the legal proceedings continue, the future of advertising regulation within Colombia’s online gambling market remains uncertain, with potential implications for both operators’ marketing strategies and regulatory compliance burdens. The final outcome will shape the operational landscape for online gaming companies, influencing how they navigate the regulatory environment in Colombia.
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