NMCC Fine To Mediaset on Hidden Advertising In Their More Successful Celebrity Gossip Shows

Author:Ms Carolina Montero Peralta (Abril Abogados)
Profession:Global Advertising Lawyers Alliance (GALA)
 
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Back on May the National Markets and Competition Commission (NMCC) issued a fine amounting 170.335€ against Mediaset1 for the broadcasting of hidden advertising of a tabloid in two of the formats of the successful celebrity gossip show "SALVAME". Coincidentally, the TV presenter in the TV Show is also a contributor to the tabloid.

The NMCC considered that the communication group infringed the General Audiovisual Communication Law, which "prohibits covert commercial communication" by covertly advertising the tabloid "Lecturas" on the TV celebrity gossip shows "Sálvame Limón" and "Sálvame Naranja" last November 8th2017.

The described facts indicate that during the cited TV shows, the magazine was presented for advertising and promotional purposes, with direct encouragement to purchase it, not only visually but also by continuous verbal references to the promoted product, as well as the presence and constant exhibition of the magazine's cover and logo and highlighted which was unnecessary if the sought purpose was purely informative. The NMCC maintains that the behavior can mislead the viewers, since even if there is a "debate" as to regards as to the published content in the tabloid, there is also a promotion of the same.

It is not the first time that the NMCC acts against Mediaset for abusive practices in advertising through its channels, in fact the company leads the ranking of fines in the sector2. Among the infringements sanctioned there is the publicity of alcohol in a protected timeframe, hidden advertising in, at least, 2...

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