Except when advertising, RTVE does not advertise.

‘Grand Prix’ is the latest program fined for illegal advertising.

The two public channels haven’t advertised since 2010. At the end of 2021, the General Law of Audiovisual Communication allowed the Entity to exploit a form of sponsorship. These “cultural sponsorships” have been included in many of La 1’s programs, but one of the latest, ‘Grand Prix’, was found to have violated the law and resulted in a large fine.

The fine. National Commission for Market and Competition (CNMC) fined RTVE 405,000 euros. It was “a serious and continued infringement of article 128.3 of the General Law on Audiovisual Communication, having issued sponsorships without complying with the relevant legal requirements.” The popular ‘Grand Prix’ contest hosted by Ramón García on La 1 aired on August 22-28 and September 4, 2023.

Avoid the sandwich. Interporc sponsored the ‘El bocata de jamón‘ test program. The CNMC found that the sponsorship affected the content because the sponsor’s product was manipulated in the test, its name was mentioned several times, and it provided the program’s prize. In other words, the brand influenced editorial content. On behalf of several private television channels, the Union of Open Commercial Televisions (UTECA) filed a complaint, which was rejected in May but upheld in October after UTECA appealed.

The law changes. RTVE can now monetize international advertising and digital content, as well as sponsorships, if they “are within the public service mission of the Spanish Radio and Television Corporation, and limited to the financing of its acquisition or production.” This ‘cultural sponsorship‘ has entered sports and culture spaces, such as sports broadcasts, programs like ‘Masterchef’ or ‘Grand Prix’ and the much-discussed advertising after the 2023 New Year’s Eve chimes with Renfe or Repsol.

Other exceptions. These sponsorships can be carried out if they are understood as “neutral frames present between the editorial content and the advertising or teleshopping spots, and between the advertising spots themselves.” However, self-promotion, product placement, promotional spaces for European culture, public service or charity announcements, teleshopping spaces, and overlays that are essential to sporting event broadcasts and for which the linear television audiovisual communication service provider receives no compensation are also included.

Everything is strategy. RTVE plans to be “more active” in advertising within legal limits with these sponsorships, which cannot incite consumption or include direct commercial messages. At the start of 2023, RTVE Corporation Secretary General and Board of Directors Alfonso Morales told Europa Press that advertising would remain a minority source of income.

Until ‘La revuelta’. David Broncano’s successful ‘La revuelta’ added this content a week ago. It was a travel planning app at the start and end of the program. This sponsorship showed the service name and a smartphone with the app’s main menu, with a voiceover warning about the sponsorship.

Other fines. RTVE has experienced this before. In October 2021, the CNMC fined it 125,581 euros for covert commercial communications on ‘Masterchef Celebrity’. In July, the same entity fined TVE 72,000 euros (originally 120,000 but reduced due to RTVE’s express recognition of the crime and advance payment) for promoting an energy drink during a Teledeporte golf tournament.

Except when advertising, RTVE does not advertise.

‘Grand Prix’ is the latest program fined for illegal advertising.

By knl9j

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