The Supreme Court fined 196,000 euros to ‘La que se avecina’

The Supreme Court dismisses Mediaset’s appeal and condemns those responsible for the series for undercover advertising in an episode of the second season.

The Supreme Court has confirmed the fine of 196,000 euros to Mediaset imposed by the National Markets and Competition Commission (CNMC) for violating the General Law of Audiovisual Communication. Specifically due to disguised advertising in a chapter of The one that looms.

In May 2019 the CNMC determined that the fifth episode of the second season, titled An anniversary, a toupee and a tupper-sex reunion, made Covert advertising for a sex toy company. Despite the fact that the episode was broadcast in April 2008, what motivated the investigation was the re-broadcast on the FDF network.

The scene in question features sex toys at a tupper-sex gathering. Several characters in the series acquired these products of a specific brand that were shown on screen. This was the main reason why the CNMC sanctioned Mediaset.

Those responsible for the series appealed to the National Court – which confirmed the sanction – and later to the Supreme Court. In their observations, the attorneys noted that The one that looms communicated at the beginning and at the end that there was publicity in the chapter. In addition to also signaling it during breaks, so there was no intention of hiding that advertising content. But this has not convinced the Magistrates.

Chamber III of the Contentious-Administrative Supreme Court endorses the judgment of the National Court, which establishes that this episode, broadcast six times between 2018 and 2019, was a violation of article 18.2 of the General Law of Audiovisual Communication. According to the ruling, the chapter in question had a clear advertising purpose.

Directly encourages the purchase or leasing of goods or services, carry out specific promotions of these or give undue prominence to the product

“Because the images that are reflected in the viewing record they contain an obvious promotional load of surreptitiously of the products of the brand“, the Supreme Court insisted. Despite the fact that the chain warned that the chapter had” product placement. “

The episode, broadcast on August 5, 2018, October 6 and 5, 2018, November 23, 2018, January 11, 2019 and February 4, 2019, presented a wide variety of erotic products that were related to a certain brand and the website of the same where they could be purchased. Therefore, the court understands that this situation may act as a promotion of the products and has urged those responsible for The one that looms to pay this fine.