The public consultation on the new Commercial Communications Regulation that will implement the Spanish Audiovisual Law has been launched
Less than a week ago, the Ministry of Economic Affairs launched a public consultation on the new Commercial Communications Regulation that will develop Law no. 13/2022 of July 7, on Audiovisual Communication (“LAC”) and which will replace Royal Decree n. 1624/2011 on television commercial communication after more than ten years.
The legislative initiative proved to be very necessary, mainly due to the changes that have taken place in terms of extending the categories of audiovisual communication providers now subject to the LAC (i.e. video exchange platforms and particularly affected users who use these channels to market, sell and organize commercial communications) and, therefore, the need to adapt the existing rules to these new actors.
According to the text of the public consultation, the main objectives that this regulatory initiative aims to achieve are numerous, such as: the development of 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 in order to be able to adapt to a constantly changing reality and to protect users of audiovisual media services (including minors) against certain audiovisual commercial communications such as those which, for example, are covert or subliminal, or those that encourage behavior harmful to their health.
Concretely, the regulatory development will aim to develop the matters provided for in Articles 92 (specifying certain measures to be implemented by video-sharing platform service providers), 139.2 (audiovisual commercial communications in sports events simultaneous with programs) and 141.2 (transparencies, overlays, virtual advertising and split screen).
The consultation will make it possible to hear the opinions of persons and entities likely to be affected by this new regulation by means of contributions which may be sent until 9:00 a.m. on September 23, 2022 at the following e-mail address: [email protected]by indicating “Public consultation on audiovisual commercial communication” in the subject of the e-mail.