Law on Advertisements in the media in Spain
Advertisements can be displayed through different media forms channels. Media advertisements consist of advertisements on the internet as well as TV and radio.
In Spain, there is no specific law that governs the publishing of advertisements online. However, there are some laws that are applicable to advertising on the internet. First, the General Law on Advertising ensures that advertisements must respect individual dignity and values as well as the principles recognized in the Spanish Constitution. The second applicable law is Law 34/2002 of 11 July 2002. Law 34/2002 outlines requirements for advertising through electronic media. For example, if an advertisement is displayed through a search engine, there must be an indication that it is an advertisement so as to not mislead a consumer.
TV and Radio advertising
Directive 89/552/EC of 3 October 1989, also known as the Directive of Television without frontiers, bestows quite a large part, 12 out of the total 27 rules, to television advertising. Directive 89/552/EC has relaxed the rules on the insertion of advertisement during the broadcasting of programs, partially because it is trying to encourage self and co-regulation. Advertisements for movies, children’s programs and the news may be disturbed only once every 35 minutes. There is still a time limit of 12 minutes per hour applied to all forms of advertisements.
In Spain, Law 7/2010 of 31 March 2010, governs radio advertising. Article 13 of Law 7/2010 states that there are diverse rules for various types of providers. For example, private providers of audio-visual communication services have the right to create broadcast advertising messages and teleshopping channels. On the other hand, service providers of audio-visual media have the right to broadcast advertisements regarding their program and the goods or services that come with that program.
In conclusion, as for most advertisement laws, the aim of the laws on advertisement in Spain aim to protect consumers and make sure they are neither misled nor overwhelmed by the advertisements that they are exposed to.
Justine Matthys & Karl H. Lincke
Mariscal Abogados, Spanish lawyers in Madrid, Spain
Member of Eurojuris España, international network of law firms