The simulcast at the origin of the file
THE CNMC imposed a fine of 171,905 euros on RTVE for the broadcast of sponsorship messages during the special New Year’s Eve program “Feliz 2024”, broadcast on December 31, 2023. This broadcast was shared simultaneously on the channels La 1, La 2, Teledeporte, Clan and Canal 24 Horas, reaching a strong audience throughout the national territory.
The regulator’s resolution indicates that sponsorship contracts signed with companies Telefónica, Repsol and Renfe They only included La 1. However, the sponsored content was also broadcast on the rest of the channels, which constitutes an infringement by giving the impression that all were covered by valid commercial agreements.
Duration, channels and lack of legal coverage
Sponsorship messages were broadcast for a total of 96 seconds on four unauthorized channelswhich violates the general law of audiovisual communication. The CNMC emphasizes that from a legal point of view, each channel must be considered as an independent broadcast, even when identical content is transmitted simultaneously.
In this context, Conventional advertising is prohibited on RTVEand sponsorship can only be applied under very strict conditions. These conditions require that messages be clearly identified and limited to authorized spaces.
RTVE’s argument and the regulator’s position
RTVE defended itself by arguing that the broadcast of these messages did not generate any additional economic benefit for the company. The CNMC emphasizes, however, that counterfeiting does not depend on the profit obtained, but on the impact it generates on the viewer and the confusion it may cause as to the commercial nature of the content.
The regulatory body also emphasizes that RTVE’s actions can be considered as negligentsince the principle of transparency which governs commercial communications has not been respected, particularly in the case of public media.
Legal deadlines for claiming
After official notification of the resolution, RTVE now has a period of two months present a contentious-administrative appeal before the National Court, if it decides to contest the sanction imposed by the CNMC.
A precedent in the regulation of public television
The case highlights the regulatory requirements affecting public media and the importance of maintaining the clear separation between editorial content and commercial content. RTVE is notably subject to more restrictive legislation than other operators, which reinforces the duty of care in its broadcasts.
With this sanction, the CNMC sends a message of firmness against irregular practices in the audiovisual sector, particularly when it comes to content with a strong social impact such as the traditional New Year’s Eve bells.
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