DECISION 51/2007, OF 14 FEBRUARY, OF THE PLENARY SESSION OF THE
CATALAN AUDIOVISUAL COUNCIL
Procedure No. 21/Avrapi/2007. Authorisation of television campaign entitled
Formación Profesional (30” advertisement)
1. On 6 February 2007 the Catalan Audiovisual Council received a document
(entry record No. 300/2007, from the Department of Marketing and Advertising
Services of Barcelona Municipal Council, applying to this Council for prior authorisation for the broadcast of the institutional television campaign entitled
Formación Profesional (30” advertisement).
2. The services of the Catalan Audiovisual Council have analysed the advertisement that is the subject of this procedure.
3. Article 109.1 of Law 22/2005, of 29 December, on audiovisual communication in Catalonia, states that institutional advertising for radio and television broadcast by the public authorities in Catalonia, is subject to the provisions of legislation on institutional advertising.
4. Paragraph 2 of that Article establishes that institutional advertising musts fulfil a series of requirements such as: it may only have the purpose of providing information on public services; it may not promote nor develop campaigns aimed at highlighting the management or objectives reached by these authorities; it may not lead to direct or indirect confusion with regard to elements typically identifying political parties or electoral propaganda campaigns; during electoral periods, there may only be institutional campaigns intended to inform citizens of the dates of the elections or referendum, the voting procedure and the requisites or procedure for postal votes, but may not directly or indirectly suggest voting options. Lastly, it is established that period of prohibition of institutional advertising during electoral period begins the day of the publication of the call for elections.
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5. With regard to institutional campaigns during the electoral period, it should be noted that according to Article 1.109 referred to above institutional advertising by radio and television broadcast by the public authorities of Catalonia is subject to the provisions of institutional advertising legislation. Therefore Law 18/2000, of 29
December, which regulates institutional advertising states in Article 8.1 that institutional advertising cannot be carried out in the period between the day elections are called and the election day; nevertheless, it also establishes that the provisions of that paragraph 1 are not applicable to advertising activities related to the organisation and development of the corresponding electoral processes nor to advertising activities essential for safeguarding general interest or the correct development of the public services.
6. Paragraph 3 of the same Article states that institutional advertising is subject to the prior authorisation of the Catalan Audiovisual Council, in order for its compliance with the provisions of paragraph 2 to be verified.
Having analysed the advertisement that is the subject of this procedure, it is considered that the campaign Formación profesional cannot be included in what the institutional advertising law considers to be activity essential for the correct development of public services, for which reasons it is considered relevant to refuse the authorisation of its broadcast.
In view of the foregoing, the Catalan Audiovisual Council adopts the following:
DECISIONS
1. To refuse the authorisation for the institutional television campaign of the
Department of Marketing and Advertising Services of Barcelona Municipal
Council, entitled Formación profesional , since its broadcast would contravene
Article 2.109(d) of Law 22/2005, of 29 December, on audiovisual communication in Catalonia.
2. To notify the Department of Marketing and Advertising Services of Barcelona
Municipal Council of this decision.
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Barcelona, 14 February 2007
Josep M. Carbonell Abelló Dolors Comas d’Argemir Cendra
President Secretary
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