list of contributors - GALA

SPAIN
Gerhard W. Volz
Schiller Abogados
gwvolz@schillerabogados.es
www.schillerabogados.es
1. Legislation: Self-regulation agreement
Topic: Advertising to Children
When: December 2004
Who: Government and TV channels
Where: Spain
What Happened: On December 9 th , 2004 the TV channels Radiotelevisión Española (Spanish
public TV) and the private TV channels Antena 3 Televisión, Gestevisión
Telecinco and Sogecable signed a new self-regulation code regarding TV
contents and children.
On the same date, these TV channels and the Spanish government signed an
agreement to improve self-regulation regarding TV contents and children.
Through this agreement the Spanish government recognises the usefulness of
the self-regulation code.
The self-regulation code and the governmental agreement are the
consequence of the breaking of the EU Directive TV without Frontiers and its
transposition into Spanish legislation.
The main news of the self-regulation code are the following:
- New especially protected time frames: from Monday to Friday between 8
and 9 a.m. and 5 and 8 p.m. it is prohibited to broadcast programs not
suitable for children under the age of 13. This prohibition is also applicable
to the time frame between 9 and 12 a.m. on Saturdays and Sundays and all
national holidays, such as, for example 1 st and 6 th January.
These two time frames have been set in order to distinguish between
children (minors under 13 years) and young people (minors under 18 years).
It is understood that during said time frames children are likely to be left
unattended by their parents.
The legal time frame for protection of children (between 6 a.m. and 10 p.m.)
still remains the same.
- Increase in the signalling of the TV programs in order to make it easier for
parents to control what their children watch on TV. Therefore, TV programs
are classified as follows:
a) Programs especially recommended for children under 7 years.
b) Programs for all audiences.
c) Programs not recommended for children under 7 years.
d) Programs not recommended for children under 13 years.
e) Programs not recommended for children under 18 years.
Criteria for the classification of TV programs are focused on two main issues:
social behaviour and controversial subjects. Furthermore specific criteria for
the treatment of violence and sex have been stated.