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Alcoholic beverage commercials return to television

FACUA denounces that the new General Audiovisual Law, which allows the broadcast of advertisements for alcoholic beverages over 20º, represents “a step backwards”.

The new one Ley General Audiovisual, which entered into force last Friday, July 8, re-allows advertising for high-proof alcoholic beverages to be broadcast on television, prohibited since 1988 by the General Advertising Law.

Article 123 of this new regulation undoes the provisions of the previous legislation and contemplates the advertising of alcoholic beverages of more than 20º in the time slot from 1:00 a.m. to 5:00 a.m.. Until now, the only advertising allowed in the alcoholic beverages sector was for those products with a lower alcohol content.

In such a scenario, FACUA-Consumers in Action has harshly criticized this change and that the new General Audiovisual Law, considering that is taking “a step back«. In his opinion, the new regulations represent a “real setback” in health defense and promotion policies of citizenship and the reduction of alcohol consumption, eliminating prohibitions on which there was already a general consensus in society.

The rule also states that Advertisements for alcoholic beverages of less than 20º may be broadcast between 8:30 p.m. and 5:00 a.m.. Outside these hours, they may only do so when said audiovisual commercial communications form an indivisible part of the acquisition of rights and the production of the signal to be broadcast.

For this reason, the association sorry for the inconsistency to draft a law that specifically prohibits the advertising of alcoholic beverages aimed at minors but allows the promotion of those of less than 20º after 8:30 p.m., a period of time in which there may still be minors watching televisionor in the case of the promotion of drinks that can be done in shows such as sporting events, where there is also an audience made up of minors.

The total ban on television advertising, a key tool to prevent consumption

FACUA remember that the total ban on alcohol advertising on television and other formats is a key tool to prevent consumption and abuse of this substance. In this sense, it points out that the legislation must advance in the protection of citizens, with special emphasis on minors and other vulnerable groups, against habits and products that may be harmful to their health.

Already at the end of last year, the government regulations were involved in controversy. Complaints from the advertising sector and other groups resonated strongly. The think tank Citizen Europe actually submitted the report. ‘The future audiovisual communication law: a step back for the digital transformation of Spain’where he reflected on the draft of the Audiovisual Communication Bill and its consequences for the advertising industry.

José Carlos Cano, professor of Constitutional Law and European Law at the Complutense University of Madrid and president of the platform, declared on his day: «It does not make sense because it is impossible to apply due to the characteristics of these platforms.which also have technology so that advertising is not directed at vulnerable groups.

In addition, he pointed out that Spanish companies were going to be in “inferior conditions compared to those of other European countries«.

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