Competition files against RTVE and Mediaset for excessive self-promotions

The CNMC opens a file for alleged violations against La 1, La 2, Teledeporte, 24 Horas and Clan TV from RTVE and Cuatro, Energy, Divinity and Telecinco, from Mediaset.

The CNMC (National Markets and Competition Commission) has opened a disciplinary file against Spanish Radio Television (CRTVE) y Mediaset Spain for a possible violation of article 13.2 of the Ley General Audiovisual (LGCA) for allegedly exceeding the limit of broadcast time dedicated to self-promotions.

Competition has detected violations in La 1, La 2, Teledeporte, 24 Horas and Clan TV of RTVE (between the months of November 2018 and February 2019) and in Cuatro, Energy, Divinity and Telecinco (Mediaset España), in the months of December 2018 and January and February 2019.

Specifically, article 13.2 of the LGCA, which regulates the broadcast time dedicated to self-promotion advertisements, establishes that “audiovisual communication service providers have the right to broadcast programs that inform about their programming or advertisements for their own programs and the accessory products derived directly from said programs.”

"These programs and advertisements will not be considered commercial communication for the purposes of this Law. However, for television audiovisual communication, the time dedicated to advertising about their own programs and products may not exceed 5 minutes per clock hour and their contents will be subject to the obligations and prohibitions generally established for commercial advertising."