Television channels often face pressure to monetize programming, but some methods draw stiff scrutiny from regulators. Recent actions by Spain’s National Markets and Competition Commission, CNMC, highlight how hidden advertising can undermine fair competition and mislead viewers. The rulings target two major groups, RTVE and Atresmedia, for promotional practices that regulators deemed unlawful. According to the CNMC, both organizations will incur substantial fines for breaches in advertising transparency and disclosure during broadcasts. (CNMC)
The case centers on alleged covert promotional content that appeared within widely watched programs. Specifically, the authority pointed to episodes of Master Chef Celebrity and laSexta Noticias where promotional material was embedded in a way that Consumers could reasonably believe it was part of the show rather than a paid advertisement. The CNMC described these instances as hidden advertising that did not meet the required standards for clear identification of sponsorship and commercial communication, thereby violating established broadcasting rules. (CNMC)
For Atresmedia, the sanction amounts to 185,585 euros. The fine relates to the broadcasting of an anonymous commercial communication via the Laguinda mobile application, which the regulator said failed to properly disclose its commercial nature. This action falls under Article 18.2 of the General Audiovisual Communications Act, LGCA, a provision that governs how commercial messages must be presented to viewers. The commission underscored that the promotion presented itself as content from the program rather than as a paid advertisement, which misled the audience and violated the statutory requirements. (LGCA Article 18.2, CNMC)
In the case of La 1, the penalties reach 125,581 euros, stemming from extensive commercial messaging and brand promotion conducted during the Amelicious feature segment of MasterChef Celebrity. The regulator found that the broadcasts overemphasized the sponsor’s identity and product, crossing lines that separate editorial content from paid promotion. The decision reflects a broader push by authorities to ensure that commercial communications are clearly identifiable and do not distort viewer trust. (CNMC)
Taken together, these penalties emphasize a clear standard: broadcasters must distinguish clearly between editorial content and advertising, and promotions must be disclosed in a way that leaves no doubt about sponsorship. The CNMC has reiterated that compliance requires transparent labeling of commercial communications, proper audience disclosure, and strict adherence to the established guidelines for program sponsorship. The rulings also illustrate how regulators monitor the integration of advertising into popular formats and how failures in disclosure can lead to significant fines. (CNMC)