The CNMC sanctions RTVE with more than 1 million euros for the broadcast of advertising that is not permitted

The National Markets and Competition Commission resolves two sanctioning procedures against the Spanish Radio and Television Corporation for the violation of article 43.2 of the General Law of Audiovisual Communication.

The National Markets and Competition Commission (CNMC) has resolved two sanctioning procedures against the Spanish Radio and Television Corporation (CRTVE) for the violation of article 43.2 of the General Law of Audiovisual Communication (LGCA). The sanctions total 1,070,765 euros.

Specifically, in one of the cases, a fine of 341,280 euros was imposed for having issued spot campaigns for various products whose dissemination would not be included in the advertising exceptions allowed by CRTVE's financing regulations. The advertisements do not constitute sponsorship of sporting and cultural events, nor sponsorships in the broadcast of sports competitions or broadcast on international channels or cultural sponsorship, but rather present the characteristics of commercial communications or conventional spots.

In the other file, a sanction of 729,485 euros was imposed for having issued cultural sponsorship advertising campaigns that could be considered commercial communications whose dissemination would not be included in the advertising exceptions permitted by the Corporation's financing regulations.

The cultural sponsorships analyzed do not respect the conditions established in the audiovisual regulations and, consequently, could constitute commercial communications or spots, the broadcast of which is prohibited by CRTVE. For example, visual elements and accessory messages or mentions about the virtues or characteristics of the promoted products or services are introduced, which directly encourage their purchase.

These now sanctioned actions took place on the television channels La 1, La2, 24H and Teledeporte, between December 2017 and January 2018.

Contra esta Resolución, CRTVE podrá interponer directamente recurso contencioso-administrativo ante la Audiencia Nacional en el plazo de dos meses.