The CNMC continues with its encirclement to companies and opens a file to Atresmedia and Mediaset

The National Commission of Markets and Competition continues with its encirclement of companies. This Thursday has announced that it opens a disciplinary proceedings to Atresmedia for exceeding the emission time limit dedicated to advertising during the broadcast of an information program in Antena 3, and another to Mediaset, for having issued sponsorship spaces with direct incitement to purchase the product.

The CNMC has indicated that the opening of this file does not prejudge the final result of the investigation, so that a maximum period of three months is now open for the investigation of the file and its resolution. Atresmedia has a maximum period of ten days to present the corresponding claims.

The files to the two large audiovisual companies are added to many others opened by the superregulator in recent months such as the cut to the remuneration and distribution and transport of gas by 17.8% and 21.8% respectively, which has put the sector on a war footing; to fines to the dairy cartel, or to Telefónica, another of the big ones of the Ibex that has been pointed out in recent months because the CNMC sees a possible breach of the commitments acquired in the purchase of DTS (the former Sogecable) in April 2015.

As detailed by the state agency, in the case of Atresmedia, the fact under investigation could have violated article 14 of the General Law of Audiovisual Communication (LGCA), for having made a number of advertising interruptions greater than those allowed, reports Europa Press.

Specifically, the Commission recalled that the aforementioned article states that "advertising messages on television must respect the integrity of the program in which it is inserted and the units that comprise it."

"The transmission of films for television (excluding series, serials and documentaries), feature films Y informative programs televisions may be interrupted once for each planned period of thirty minutes. In the case of children's programs, the interruption is possible once for each planned uninterrupted period of thirty minutes, if the program lasts more than thirty minutes, "the regulation adds.


Regarding the disciplinary proceedings against Mediaset, the CNMC has clarified that a possible violation of Article 16 of the General Law of Audiovisual Communication (LGCA) having issued sponsorship spaces with direct incitement to purchase the product, in Telecinco in May 2019.

In this regard, the state agency has recalled that Article 16 of the LGCA states that "the providers of the audiovisual communication service they have the right to have their programs sponsored, except current news content programs. "

According to the regulations, "sponsorship cannot condition editorial independence" and "neither can it directly encourage the purchase or lease of goods or services, in particular, through specific promotional references to them."

"In addition, sponsorship cannot affect the program content or sponsored audiovisual communication or its broadcast schedule so that the responsibility of the audiovisual communication service provider is affected, "he adds. Mediaset has a period of ten days to present claims.

Curiously, the CNMC, which has intensified its encirclement over companies in recent months, does not correctly fulfill its contracting obligations, as OKDIARIO reported. This follows from audit report on the hiring of the National Commission for Markets and Competition for the 2015-2017 financial years of the Court of Accounts, which detects some irregularities in the superregulator contracts.