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On 6 April 2021, the Spanish regulator Comisión Nacional de los Mercados y la Competencia (National Commission on Markets and Competition - CNMC), and the independent advertising self-regulatory organisation Asociación para la Autorregulación de la Comunicación Comercial (AUTOCONTROL) signed an agreement to promote the co-regulation of commercial communications on television.   AUTOCONTROL manages the Spanish system of self-regulation of commercial communication which helps to ensure the correct application and compliance with the General Act 7/2010 on Audiovisual...

On 22 February 2021, the Spanish Supreme Court had to rule on whether the actions of Corporació Catalana de Mitjans Audiovisuals (the Catalan public-service broadcaster - CCMA) infringed the principles of news neutrality and political pluralism during the election period for the general elections called on 28 April 2019. The CCMA appealed to the Supreme Court against two resolutions issued by the Junta Electoral Central (Central Electoral Board - JEC), which found an infringement of these two principles in the coverage given by the CCMA to a demonstration and the broadcasting of a documentary,...

The world of bullfighting in Spain has been subject to controversy again. This time, not due to the opposition of animal’s defense groups, but due to the Supreme Court’s ruling No. 497/2021 of 16 February 2021, which denies a bullfighter’s performance in a bullfight being considered as an original work and artistic creation. Spain is one of the 8 countries in which bullfighting is still protected under its Cultural Heritage Act 18/2013 of 12 November 2013 which, in its preamble, observes the artistic component of bullfighting, which is "an artistic manifestation in itself,...

The national regulator CNMC (National Commission for Markets and Competition) sanctioned the companies Atresmedia and Mediaset for violations of the General Act on Audiovisual Communication (Ley General de Comunicación Audiovisual, LGCA). The former has been sanctioned for covert advertising and the latter for non-anticipated changes in its scheduled programming. With regard to the Atresmedia sanction, the applicable legislation defines covert advertising in Article 2.32 of LGCA as “the verbal or visual, direct or indirect, presentation of goods, services, name, brand, or activities...

On 6 November, the Ministry of Economic Affairs and Digital Transformation made public a Draft Law on Audiovisual Communication (Anteproyecto de Ley General de la Comunicación Audiovisual) with the aim of transposing the European Union's amended Audiovisual Media Services Directive and updating the regulation of the sector so that there is a level playing field for all competing agents. The draft is open to public information and consultation until 3 December and, once approved, will substitute the current Law 7/2010 on Audiovisual Communication. The main changes proposed in relation...