What is AUTOCONTROL?

The Asociación para la Autorregulación de la Comunicación Comercial (AUTOCONTROL) is the Spanish advertising self-regulation organisation (SRO), similar to all those existing in the EU countries.

It is composed of the main advertisers, agencies and media (TV, press, outdoor, radio, Internet…) in Spain , as well as the main advertising industry associations.

Autocontrol's main objective is to contribute to ensure high ethical standards in advertising in the benefit of consumers, competitors and the marketplace.

Autocontrol has signed various agreements with relevant statutory authorities in order to set up co-operation schemes (self-regulation within a co-regulatory framework), in which advertising self-regulation (Autocontrol) co-operates with regulators by providing with a helpful additional complement to statutory mechanisms in place.

Besides, Autocontrol participates in the control and application schemes of all sectoral advertising codes in Spain (TV advertising, food advertising to children, toys, videogames, alcoholic beverages, etc.).

How does Autocontrol work?

There are 3 key instruments in Autocontrol, as in most advertising SROs:

1.  Codes of conduct

2.  Out-of-court dispute settlement system: Complaints Committee (called Jurado de la Publicidad )

3.  Pre-launching advice (Copy advice)

1.- Codes of conduct:

Autocontrol has two main Codes, which cover commercial communications of all products/services in all media :

•  General Code of Advertising Practice (1996, last update in 2002).

•  Code on interactive advertising and e-commerce B2C: Confianza Online Code (2003; last update in 2005) .

Autocontrol's Codes are based upon and inspired in ICC Codes. They represent the updated interpretation of basic and general principles applicable to commercial communications. The main principles are that advertising must be legal, honest, fair and truthful.

Being member of Autocontrol implies the commitment to comply with its Codes of Conduct.

Autocontrol is the only self-regulatory body which participates in the control and application of all sectoral advertising codes in Spain (TV advertising, food advertising to children, toys, videogames, alcoholic beverages, etc.). Its participation is mainly structured on the activity of its Complaints Committee (Jurado) as an independent adjudication body, although in some cases Autocontrol also participates in the application of sectoral advertising Codes in Spain through its pre-launching advice (copy advice).

2.- Complaints Committee : Jurado de la Publicidad

The Jurado de la Publicidad is the independent out-of-court body in charge of adjudicating on complaints submitted on advertising issues. Its decisions are binding for Autocontrol's members . Its activity is based on independence, transparency, accountability, etc., amongst other principles.

The Jurado is fully composed of independent lay experts : prestigious academics on Law, Economics, Sociology, Commercial Communications; retired advertising practitioners; ex-civil servants specialised on consumer affairs, etc.

25% of its members are nominated by the Spanish National Institute on Consumer Affairs (INC) amongst independent and prestigious academics, experts in consumer affairs, etc.

ALL the Jurado's decisions are clearly motivated and are published in Autocontrol's monthly newsletter and on its website.

The procedural rules governing the Jurado's adjudication activity are clearly established in the Jurado's Rules , which are publicly available on Autocontrol's website.

The Jurado de la Publicidad 's out-of-court dispute settlement mechanism has been recognised by the Spanish authorities and the EU institutions because of its compliance with the principles established in the EC/98/257 Recommendation: since 2000 the Jurado is the only Spanish self-regulatory body which makes part of DG SANCO's EEJ-NET (now called ECC-Network).

More than 2.230 complaints on advertising have been solved by the Jurado since 1996. It is the preferred out-of-court dispute settlement mechanism in Spain for advertising. All complaints are solved quickly (around 14 days average) vs. 1 year average in courts.

Up to now, around 65% of all complaints received in Autocontrol are submitted by consumers and consumer organisations, and 30% are intra-industry complaints; the rest (around 5%) are complaints submitted by Spanish statutory authorities. 

Through its membership in EASA, Autocontrol provides consumers and industry with the chance to complain against advertisements which have been published or broadcasted in Spain but originating from another EU country: it is the EASA cross-border complaints system .

List of Experts

 

3.-Pre-launching advice : Copy advice

Since 2001 Autocontrol provides the advertising practitioners with an additional helpful tool with positive preventive effects: copy advice.

The copy advice is the technical opinion and/or advice on the legal and ethical correctness of a specific advertisement before its being launched to the public.

It is voluntary, confidential and non-binding. It might be requested by advertisers, their agencies or the media where the advertisement has been sent for publication or broadcast.

Copy advice is delivered by Autocontrol's Copy Advice Team, in writing, within 3 days upon request (within 24 h. when requested by TV broadcasters).

Copy advice is free of cost for Autocontrol members, and it has a fee for non-members.

Although copy advice is not binding either for the requester or for the Jurado in case of a complaint being submitted afterwards, the advertiser might “appeal” a copy advice report before the Jurado in case of disagreement with the opinion or advice provided in it. Should the advertiser use this “appeal” tool, the Jurado's decision would be binding for the advertiser.

Further information:

• Code of Advertising Practice
• Rules of the jury
• Services and Fees
• Confianza Online
• Advertising self-regulation in Europe: EASA

Should you require more information, please do not hesitate contacting us at:

AUTOCONTROL (Asociación para la Autorregulación de la Comunicación Comercial )
C/ Conde de Peñalver, 52 - 1° D and 3ºD
28006 Madrid
SPAIN
Tel. : +34 91 309 66 37
Fax : + 34 91 402 98 24/ + 34 91 401 50 80
E-mail: autocontrol@autocontrol.es