Since 2010, the two public channels have not had advertising. However, the General Law of Audiovisual Communication opened, at the end of 2021, the doors to a form of sponsorship that the Entity has taken advantage of and exploited. These “cultural sponsorships” have been included in a good number of programs on their schedule, but with one of the latest, in ‘Grand Prix’, it has been considered to have exceeded the limits of what is permitted by legislation, and has resulted in a large fine for The 1.
The fine. The National Competition Market Commission (CNMC) has imposed a fine of 405,000 euros on RTVE. The reason has been “a serious continued violation of article 128.3 of the General Law of Audiovisual Communication, by having issued sponsorships without complying with the pertinent legal requirements.” It was in the popular contest presented by Ramón García ‘Grand Prix’ on La 1, during broadcasts on August 22 and 28 and September 4, 2023.
No to the sandwich. The name of the sponsor Interporc appeared in the program linked to the ‘El sandwich de jamón’ test. The CNMC has determined that the sponsorship affected the content, which is what is prohibited, as the sponsor’s product was manipulated in the test, its name being mentioned several times, and the sponsor being the one who provided the program prize. That is, the brand intervened in the editorial content. The complaint was filed by the Union of Open Commercial Televisions (UTECA) on behalf of several private television stations, and although it was rejected in May, in October and after an appeal by the UTECA, the complainants were ruled in favor.
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Modifications to the law. These modifications allow RTVE to monetize certain forms of advertising on international channels and digital content, in addition to tolerating sponsorships, as long as they “are framed within the public service mission of the Spanish Radio and Television Corporation, and limited to the financing of its acquisition or production.” 2023, with brands such as Renfe or Repsol.
Other exceptions. The exceptions are multiple, so many that they can be interpreted in many ways: for example, these sponsorships can be carried out if they are understood as “neutral frameworks present between the editorial content and the advertising or telesales advertisements, and between the advertising advertisements themselves.” But there is more: self-promotion, product placement, promotional spaces to support European culture, public service or charitable announcements, telesales spaces and overlays that form an indivisible part of the broadcast of sporting events are also included. and for which the provider of the linear television audiovisual communication service does not receive any compensation.
Everything is a strategy. These sponsorships (which among their limitations include that they cannot incite consumption or include direct commercial messages, hence their name) are part of RTVE’s plans to be “more active” with the advertising theme within the margins allowed by the law. This was reported by Europa Press at the beginning of 2023 from Alfonso Morales, Secretary General and Board of Directors of the RTVE Corporation, who stressed that advertising would remain a minority source of income.
Until ‘The Revolt’. A week ago, the successful ‘The Revolt’ by David Broncano also began to include this type of content. In this case, it was a travel organization application at the beginning and end of the program. This sponsorship showed the name of the service and a smartphone with the main menu of the app, accompanied by a voiceover that warned about sponsorship.
Other fines. This is not the first time this has happened to RTVE. The CNMC has already fined her 125,581 euros for the issuance of covert commercial communications on ‘Masterchef Celebrity’.‘ in October 2021. And this same month of July, the same entity fined TVE 72,000 euros (initially it was 120,000 but was reduced due to the express recognition of the crime by RTVE and the advance payment of the amount) for promoting a energy drink during a golf tournament broadcast on Teledeporte.
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