SPAIN Law and Practice Contributed by: Rubén Canales and Ignacio Temiño, Abril Abogados
05:00. (h) The online dissemination of commercial com - munications by gambling operators is strictly regulated. • Lotteries: Only the state lottery and betting socie - ties can run national lotteries. However, the govern - ment can authorise the management and market - ing of lottery games, provided that the lotteries are conducted by non-profit entities with charitable purposes and comply with the legal requirements. • Financial services: Advertising of financial invest - ments and banking products or services is also regulated by specific legal provisions whose compliance is supervised by the financial market authorities (Banco de España, which is the national central bank for Spain, and the CNMV, the com - petent body for the financial market and stock exchange). • Medicines: Advertising of medicines is highly regu - lated and monitored by the Health Administrations (national and regional). Although it has no legally binding effect, it is also helpful to consider the 2019 Guideline of the Ministry of Health on adver - tising of medicinal products directed to the general public. There are also a number of self-regulatory codes to take into account from sectorial associa - tions (ie, ANEFP, AESEG, and FarmaIndustria). * In addition, Spanish alcohol producers in the beer, wine and spirits sectors have established their own self-regulatory codes. 10.2 Product Placement Product placement is generally allowed in all types of entertainment content except: • news programmes; • consumer protection programmes; • religious programmes; and • children’s programmes.
Product placement must comply with the following conditions: • It must not influence the editorial content and the organisation of the programme schedule and cata - logue in a way that affects the responsibility and editorial independence of the audiovisual media service provider. • It must not directly incite the purchase or rental of goods or services or include specific promotional references to such goods or services. • It must not give undue prominence to the products concerned. • It must be stated that product placement is present in entertainment content. 10.3 Other Products Television and radio advertising is specifically regulat - ed by the General Audio-Visual Communications Act: • Service providers of television broadcasting can broadcast a maximum of 144 minutes of adver - tising between 06:00 and 18:00 and 72 minutes between 18:00 and 24:00. • Advertising and teleshopping must be clearly dif - ferentiated from programmes by acoustic and opti - cal signs. The sound level of advertising messages cannot exceed the average level of the previous programme. • Television advertisements should respect the integ - rity of the programme in which they are inserted. • Certain programmes may only be interrupted once per scheduled 30-minute period and sporting events only during breaks.
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