Wine Law
d) The commercial television communication of alcoholic beverages with a level below twenty degrees when it is broadcast outside the time slot between 8.30 p.m. and 6 a.m. the next day, unless this advertising is an indivisible part of the acquisition of rights and the production of the signal to be broadcast. e) The commercial communication of alcoholic beverages with a level lower than twenty degrees when it is directed at minors, encourages immoderate consumption or associates consumption with the improvement of physical performance, social success or health”. For its part, also in state headquarters, Law 34/1988, of 11 November, General Advertising, considers illicit advertising in its Article 3(d) by reference to other regulations, which violates the provisions of the regulations that regulate the advertising of certain products, goods, activities or services 23 . There are also Autonomous Communities that have regulated the advertising of alcoholic beverages, such as Extremadura (Law 3/2017, of 1 March) and Castilla La Mancha (Decree 72/1996, of 30 April). Finally, due to your interest in what affects us, the Resolution of the National Markets and Competition Commission (hereinafter CNMC) of 23 May 2018, which declares to ATRESMEDIA CORPORACIÓN DE MEDIOS, must be cited DE COMUNICACIÓN, SA, responsible for the commission of two continuous administrative offenses of a serious nature, for having broadcast, on its television channels Antena 3 and Neox, 12 commercial sponsorships of alcoholic beverages with a graduation below 20º, outside the hours included between Ias 8:30 p.m. and 6 a.m. the next day, on 26 November and 24 December 2017, which is a violation of the provisions of Article 18(3)(d) of Law 7/2010, of 31 March, General of Audiovisual Communication; corresponding to such infractions the imposition of a fine for a global amount of 145,147 €. The CNMC also sanctioned Madiaset with 118,728 € for more than sixty sponsorships of alcoholic beverages. 23 Additionally to both state regulations, we should take into account Royal Decree 1100/1978, of 12 May, which regulates the advertising of tobacco and alcoholic beverages in the state media. This regulation is still in force to this day and only allows the advertising of tobacco and alcoholic beverages on Spanish Radiotelevisión from 9:30 p.m. each day.
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