X-ray of the new General Law of Audiovisual Communication (II)

Subject for years to a tangle of European directives and national transpositions, advertising will now be regulated in the new General Law of Audiovisual Communication. Curiously, the law only seems to focus on the broadcast of content on television, leaving aside other media such as radio or interactive services.

La nueva Ley General de la Comunicación Audiovisual (7/2010 de 31 de marzo), que ha entrado en vigor el día 1 de mayo, establece como no podía ser de otro modo los derechos de los prestadores del servicio de comunicación audiovisual. Entre ellos, destaca el derecho a fijar la dirección editorial, a crear canales de comunicación comercial y programas y anuncios de autopromoción y al acceso a los servicios de comunicación electrónica en condiciones transparentes, equitativas y no discriminatorias.

One of the aspects in which the new General Law of Audiovisual Communication focuses the most is advertising exploitation, whose regulation had been very diluted in recent years as a result of the different transpositions of the television without borders directives.

As was evident in the conference “Profitability and innovation in television in the new audiovisual scenario” recently organized by the Professional Development Institute, with the support of Panorama Audiovisual, after years of regulatory confusion, advertising will find in the new law that came into force on May 1 a more concise framework although not exempt from interpretations.

The law now establishes a limit of twelve minutes of advertising messages per clock hour, excluding sponsorship, placement and self-promotion. The latter may be excluded when the message lasts longer than the usual spot, never exceeding twelve minutes per hour.

Self-promotion, according to the new law, is not considered commercial communication although it sets a limit of five minutes per hour.

Therefore, the interruption of TV movies, feature films and news programs (excluding series or documentaries) may only be interrupted once for each scheduled thirty-minute period. As for children's programs, the limitation is one cut for each uninterrupted period of thirty minutes.

The new text establishes the obligation to identify advertising with acoustic and optical messages, to respect the “integrity of the program” and not to exceed the sound level of the previous program. In the case of sports broadcasts, they may only be interrupted when the event is stopped or in the case of absence of breaks as long as it allows the development of the event to be followed.

For teleshopping programs, the law establishes an uninterrupted duration of 15 minutes. Sponsorships will not be authorized for current news programs, and in any case the public must be informed of the broadcast of a sponsored space at its beginning and end and after advertising breaks.

One of the most controversial aspects in recent years, product-placement, will from now on be allowed for feature films, short films, documentaries, television films and series, sports spaces and entertainment programs. In the rest, only in exchange for the free supply of goods or services.

In any case, the law, according to Raúl Rubio, lawyer and senior advisor at Landwell-Pricewaterhousecoopers, establishes that the public must be informed at the beginning, after the cuts and at the end, and cannot condition editorial independence or encourage purchase.

Prohibited advertising

Aside from advertising that violates human dignity or encourages discrimination based on sex, race or ethnic origin, nationality, religion or belief, disability, age or sexual orientation, or advertising that is subliminal or covert, the law establishes a series of prohibitions that will affect tobacco, medicines, alcoholic beverages (over 20 degrees at all times or lower alcohol content between 6 a.m. and 10 p.m., unless it forms an indivisible part of the acquisition of rights and the production of the signal to broadcast). No alcoholic beverage may be directed at minors or encourage their immoderate consumption.

It also limits advertising that encourages behavior harmful to the environment, that encourages behavior harmful to the safety of people or of a political nature (except in the cases provided for by the organic law of the general electoral regime).

Finally, it should be noted that as Raúl Rubio has highlighted, the law has not regulated, as would be expected, advertising in other media such as radio or interactive services.

Access to X-ray of the new General Law of Audiovisual Communication (I)

The Audiovisual Law, in depth on June 1

On June 1, the Business Development Institute with the support of Panorama Audiovisual will organize a conference at the Westin Palace Hotel in Madrid in which the new General Law of Audiovisual Communication will be analyzed, outlining the legal framework for the provision of audiovisual services, the impact of this regulation on content, the protection of minors and advertising, and the challenges and opportunities that it will also entail, among many other issues.

Fernando Castillo (Ministry of Industry, Tourism and Commerce), Raúl Rubio (Landwell-Pricewaterhousecoopers), Lola Molina (TVE), Esperanza Martín (LaSexta), Ignacio Fernández-Vega (Telefónica de España), Alfonso Sánchez Izquiero (CRTVG-FORTA), Eduardo García Matilla (Multimedia Corporation), José Miguel García-Gasco (Antena 3 Group), Carlos Ergueta (Sogecable) and José Antonio Ortega (Pricewaterhousecoopers) are some of the speakers who will participate in this day.

More information here.