Less than a week ago, the Ministry of Economic Affairs launched Public Consultation on the new regulation on commercial communications that will develop the Law no. 13/2022 of 7 July, on Audiovisual Communication (“LAC”) and that will replace the Royal Decree no. 1624/2011 on television commercial communication after more than ten years.
The legislative initiative has proven to be very necessary, mainly due to the changes that have taken place in terms of the extension of the categories of audiovisual communication providers that are now subject to the LAC (i.e., video exchange platforms and users of special relevance who use these channels to market, sell and organise commercial communications) and, therefore, the need to adapt the existing rules to these new players.
According to the text of the Public Consultation, the main objectives that this regulatory initiative aims to achieve are many, such as: the development of the points that require more specificity than what is already provided for in the LAC, guaranteeing legal certainty and flexibility at the same time to audiovisual media service providers to be able to adapt to a constantly changing reality and protecting users of audiovisual media services (including minors) against certain audiovisual commercial communications such as those that, for example, are covert or subliminal, or those that encourage behaviour that is harmful to their health.
Specifically, the regulatory development will seek to develop the matters set out in Articles 92 (specifying certain measures to be implemented by video-sharing platform service providers), 139.2 (audiovisual commercial communications in sport events running simultaneously with programmes) and 141.2 (transparencies, overlays, virtual advertising and split screen).
The consultation will allow the opinions of persons and entities that may be affected by this new Regulation to be heard by means of contributions that may be sent until 9:00 a.m. on 23 September 2022 to the following e-mail address: secretaria.audiovisual@economia.gob.es, indicating “Public Consultation on Audiovisual Commercial Communication” in the subject line of the e-mail.
For further information, please contact:
Jaime Delgado, Bird & Bird
jaime.delgado@twobirds.com
