The Supreme Court has confirmed the sanction of 196,000 euros to Mediaset Spain for including covert commercial advertising in a chapter of the television series The one that looms. The judgment dismisses the appeal against a ruling from the National Court that confirmed the sanction imposed by the National Commission of Markets and Competition in July 2019, for a serious violation of the General Law of Audiovisual Communication.
The fine is originated by the emission of a chapter of the comedy of Telecinco titled An anniversary, a toupee and a tupper-sex reunion belonging to the second season of the series, which premiered in 2008. The episode has been broadcast on the different Mediaset channels, especially on FDF, at least six times until 2019.
The National Court highlighted in its day that the chapter showed a wide variety of erotic products that were related to a certain brand and the web page where they could be purchased was shown, with images that clearly evidenced an advertising purpose.
Mediaset appealed to the Supreme Court and alleged that the content was marked as an advertising location at the beginning, at the end of the program and during the breaks, so there was no intention of hiding advertising content, and therefore the budget for disguised advertising did not concur. But the Supreme Court rejects this version because it would elude “the clear distinction between product presentation and disguised advertising.”
Said article maintains that “the public must be clearly informed of the location of the product at the beginning and end of the program, and when it resumes after an advertising break” and also that it cannot “directly encourage the purchase or leasing of goods or services, carry out specific promotions of these or give undue prominence to the product ”.
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