In the case of Mediaset, the infractions have been detected in Cuatro, Energy, Divinity and Telecinco and took place in the months of December 2018 and January and February 2019.
Specifically, Article 13.2 of the LGCA that regulates the airtime dedicated to self-promotion advertisements, establishes that "audiovisual communication service providers have the right to broadcast programs that report on their programming or announcements of their own programs and accessory products derived directly from these programs.
These programs and advertisements will not be considered commercial communication for the purposes of this Law, according to the CNMC. However, "for television audiovisual communication, the time devoted to advertisements on their own programs and products may not exceed 5 minutes per hour of clock and its contents will be subject to the obligations and prohibitions established in general for advertising commercial".
On the other hand, article 14.1 of Law 7/2010, of March 31, General of Audiovisual Communication, establishes the time limit for the issuance of advertising messages and teleshopping in 12 minutes per natural hour.
In its resolution, the CNMC establishes that in order for information overprints on the programming of the audiovisual communication service provider to be excluded from the computation of time for the issuance of advertising messages, they must only contain the name of the program, the day and time of issue.
In the case of Atresmedia, the infraction, typified as mild, occurred, on its Neox television channel, in November 2018, for breach of the limit of 12 minutes per calendar hour, established for the issuance of advertising messages and teleshopping .
In other cases, Atresmedia and Mediaset may directly file an administrative appeal before the National Court within two months of the day following its notification.
. (tagsToTranslate) CNMC (t) Mediaset (t) Atresmedia (t) dedicated (t) advertising