Spain

[ES] New qualification criteria for audiovisual content

IRIS 2015-8:1/12

Francisco Javier Cabrera Blázquez

European Audiovisual Observatory

On 6 July 2015, the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC) adopted new guiding criteria for rating audiovisual content. These criteria apply both to providers of linear and non-linear audiovisual media and regardless of the transmission medium used (IPTV, online television, websites, mobile applications, etc.).

The guiding criteria apply to the following age categories: "Especially recommended for children", "Suitable for all ages", "Not recommended for children under 7 years", "Not recommended for children under 12 years", "Not recommended for children under 16 years", "Not recommended for under 18” and “X content".

For the preparation of these qualifying criteria the CNMC has identified seven categories of potentially harmful content: violence, sex, fear or anxiety, drugs and toxic substances, discrimination, imitable behaviour and language (written, verbal or gestural). The CNMC has identified, within each age group, a number of specific contents whose presence (verbal or visual) has to be specifically analysed. Likewise, the CNMC has identified a number of modulators in each category, which determine the age range corresponding to audiovisual content (realism, explicitness, detail, frequency, etc.).

On the same day, the CNMC announced an agreement with AUTOCONTROL (Association for Self-Regulation of Commercial Communications) for the “promotion of co-regulation for commercial communications on TV”. The CNMC recognises the usefulness of self-regulation in the field of television advertising and, in particular, welcomes the prior consultation system managed by AUTOCONTROL. While the CNMC supports the self-regulatory system of television advertising, it will still perform its duties, in particular those related to the inspection, control and sanction of audiovisual media services.

The agreement foresees the use by broadcasters and advertisers of AUTOCONTROL’s prior verification tool (Copy Advice) for the non-binding assessment of commercial communications. Moreover, the agreement provides that, when an audiovisual service provider receives an administrative requirement or a CNMC communication concerning an advertisement previously acepted by AUTOCONTROL, the latter may inform the CNMC about the content of the assessment report, in order to show its diligent behaviour. CNMC may take into consideration the fact that the advertisement had been previously verified by the Copy Advice tool. AUTOCONTROL commits itself to inform the CNMC regularly on the decisions taken by the Advertising Jury, as well as on its voluntary prior assessment of commercial communications. Moreover, AUTOCONTROL accepts the guiding criteria for the watershed, as established by the Code of Self-Regulation of Television Content and Children.