Law on Advertisements in the media in Spain

Advertisements can be displayed through different media forms and channels. Media advertisements consist of advertisements on the internet as well as TV and radio.

Internet Advertising

In Spain, no specific law governs the publishing of advertisements online. However, some laws apply to advertising on the Internet. First, the General Law on Advertising ensures that advertisements must respect individual dignity and values and the principles recognized in the Spanish Constitution. The second applicable law is Law 34/2002 of 11 July 2002. Law 34/2002 outlines requirements for advertising through electronic media. For example, if an advertisement is displayed through a search engine, there must be an indication that it is an advertisement so as not to mislead a consumer.

TV and Radio advertising

Directive 89/552/EC of 3 October 1989, also known as the Directive of Television without frontiers, bestows quite a large part, 12 out of the total 27 rules, to television advertising. Directive 89/552/EC has relaxed the rules on the insertion of advertisements during the broadcasting of programs, partially because it is trying to encourage self and co-regulation. Advertisements for movies, children’s programs and the news may be disturbed only once every 35 minutes. There is still a time limit of 12 minutes per hour applied to all forms of advertisements.

In Spain, Law 7/2010 of 31 March 2010, governs radio advertising. Article 13 of Law 7/2010 states that there are diverse rules for various types of providers. For example, private providers of audio-visual communication services have the right to create broadcast advertising messages and teleshopping channels. On the other hand, service providers of audio-visual media have the right to broadcast advertisements regarding their program and the goods or services that come with that program.

In conclusion, as for most advertisement laws, the aim of the laws on advertisement in Spain is to protect consumers and make sure they are neither misled nor overwhelmed by the advertisements that they are exposed to.

Justine Matthys & Karl H. Lincke

For further information on the Law on advertisements in the media in Spain,