TV Stations Are Also Liable for Deceptive Advertisements
In the Spanish legal framework, television stations are not exempt from liability when broadcasting advertising that may deceive the consumer. Although the main burden falls on the advertiser, television stations, in their role of providing an audiovisual service, must actively control and supervise the commercial messages they broadcast. They are not considered mere technical conduits, but agents with specific duties. 📺
The Legal Obligation of TV Stations
The audiovisual communication services law establishes that television stations have subsidiary liability. This means they can be sanctioned if they broadcast an advertisement that is clearly deceptive. This liability is triggered in several key scenarios that demonstrate a lack of diligence.
Cases where liability applies:- When the advertisement is manifestly deceptive from the moment of its broadcast.
- If the station continues broadcasting the advertisement after receiving a formal warning from a regulatory body.
- When the broadcast persists despite there being an administrative or judicial resolution against the content.
- If there is clear and objective evidence that the advertising violates the law.
Regulatory bodies can impose sanctions directly on the television station, not only on the advertiser that contracted the space.
What to Do If an Advertisement Deceives You
If a product or service advertised on television does not fulfill what was promised, your claim should not be limited to the advertising company. It is crucial to also direct it against the station that provided the platform and broadcast the commercial message. This step increases pressure to withdraw the advertising and can speed up resolving the problem.
Steps to claim effectively:- Prepare a detailed complaint addressed to the television station's viewer attention department.
- File a parallel claim with official consumer protection agencies, such as the Spanish Consumer Agency.
- Document the broadcast of the advertisement (recording, date, time, and channel) to provide evidence.
- Demand the immediate withdrawal of the advertisement and compensation for the damage or harm caused.
Conclusion: A Reminder for Viewers and Stations
The next time you see an advertisement with exaggerated promises or a "miracle product," remember that the channel that brings it into your home bears part of the responsibility. As a consumer, knowing this aspect of the law empowers you to claim. For stations, it is a reminder that their role goes beyond selling advertising space; it includes filtering and verifying to protect the public. 🛡️