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Spanish ban on advertising on public TV
Date: 10/08/2009
The following translation is an excerpt from a note from Juan Ramon Plana, head of our Spanish Association (AEA), to members regarding the final decision on the future funding for Spanish public TV.
The debate and vote in the Senate (30 July 09)
In the Senate, the vetoes on the proposed law, as well as those related to different amendments were rejected. In the final debate there were 130 votes in favour, 118 abstentions and two votes against (250 senators present). Below, please find the final text, which is set to enter into force the day after its publication in the Boletín Oficial del Estado (BOE/Official State Bulletin).
According to comments made by senators, many of them agree that the law has been:
- Rushed through with little heed for its potential impact;
- Approved against the better judgment of industry and without sufficient regard for potential implications for the advertising market;
- Passed in a manner that could have a negative impact on consumption by eliminating advertising from a communication channel at a time when there is increased need to foster economic development.
All of the above, as well as constant references to the advertising industry (including mention of the AEA, etc.), lead us to the conclusion that our message did reach parliamentarians despite the fact that the majority parties, for very clear reasons, had already decided how they were going to vote.
Contracts for advertising on TVE until the end of 2009:
Toward the end of the session, the socialist senator, Emelina Fernández Soria, said that "the law guarantees advertisers that all contracts signed prior to the enactment of the law will be honoured".
Sports and cultural sponsorship that fit with Public Service objectives and on International Channels:
Our second objective was to ensure the inclusion of sponsorships in some way: the following text was included in article 7 section 1:
"...However, sponsorships and advertising exchanges of sports and cultural events shall be permitted if they are within the framework of the corporation's public service mission, without commercial value and provided that this system is their only possibility for dissemination and production..."
Next steps:
We should now look consolidate what we have managed to achieve. In Congress as well as the Senate, we have worked alongside agencies, media agencies, advertisers and the online press. We should foster this unity with a view to developing an in-depth study on what the outlook will be for audiovisual and other media, to be conducted upon the entry into force of the law on CRTVE funding and the upcoming General Audiovisual Communication Law.
We must take the views of our customers -consumers, the general public - into consideration, unlike the manner in which we have been treated with regard to the development of this law.
As there are fewer television stations, undoubtedly we - other channels and we ourselves - could be tempted into creating increased clutter. Therefore, it is more important than ever that we maintain the limit of 12 minutes of advertising per hour for all concepts that we have defended up until now. Furthermore, we must work together to provide in-depth analysis of what other media can offer us as well as the potential of all marketing promotions channels in light of these changes.
Source: Spanish Advertisers Association
For more information please contact Will Gilroy. Click here to read further coverage of this story.
Documents:
ProyectodeLeyaprobadoporelSenado29dejulio.pdf
