Last Wednesday 16 November, the National Commission of Markets and Competence (CNMC) through the Chamber for Regulatory Oversight, penalised Atresmedia group and Corporación Radio Televisión Española with fines of more than 100.000 euros.
21 november 2016
RTVE will have to pay 108.771 euros. CNMC points that in the programme ‘La mañana’ (The Morning) of TVE-1, broadcasted on 29 March 2015, the apparition of publicity of a gym franchise that was not notified. At the feature, topics such as menopause and the benefits that physical activity can involve were approached.
The problem arises when, deliberately, the feature showed constantly images of the gym in which its brand was visible. That is why CNMC, according to article 18.2 of the General Law of Audiovisual Communication, which forbids surreptitious advertisement, reminded RTVE that “commercial surreptitious advertising and publicity that uses subliminal techniques are forbidden”.
It is not the first time CNMC penalises the State broadcaster because of this. Last October, the programme ‘La mañana’ had to face another fine, this time of 154.477 euros, for publicising surreptitiously Clínica Baviera.
On its behalf, the private group Atresmedia will also have to pay 103.725 euros, given CNMC considers that in the programme 'Objetivo Bienestar' (Objective Welfare), broadcasted in Nova on 20 March 2016, the name and the activity of the above-mentioned Clinica Baviera was promoted with publicity purpose.
Both CRTV and Atresmedia will have a two-month term to lodge a contentious-administrative appeal before the Audiencia Nacional (Spanish National Court).
Fine of 600.000 for Mediaset
CRTVE and Atresmedia are not the only television companies that have been penalised for performing surreptitious advertising. In august 2015, CNMC penalised Mediaset, specifically the programme ‘Que tiempo tan feliz’ (What a happy time) for the same reason.
The irregularities took place between December 2014 and February 2015, according to CNMC. Concretely, the programme offered a 5-munutes microspace where the presenter, María Teresa Campos, interviewed the journalist and aesthetic medicine, health and beauty prescriber Meli Camacho.
Camacho and the presenter showed “clearly” the packages of the products related to each day’s subject matter. Sometimes, appeared also their price and brand and, finally, the spectator was invited to access the blog of the prescriber, where they could find an online distributor with information of the showed products.
