Advertising Jury (ADR)
WHAT IS THE ADVERTISING JURY?
It is an independent, extrajudicial body responsible for resolving disputes and complaints relating to advertising. In 2018, the Jury of AUTOCONTROL, the Spanish self-regulatory organisation, obtained public recognition as an Alternative Dispute Resolution (ADR) body.
This recognition was obtained after qualified compliance with the principles of independence, impartiality, transparency, efficiency, speed and fairness established in Law 7/2017, of 2 November, on the Alternative Resolution of Consumer Disputes (Spanish law incorporating European Directive 2013/11, of 21 May 2013, on the Alternative Resolution of Consumer Disputes).
With this recognition, the Jury of AUTOCONTROL is the first private body in Spain to be accredited by the General Directorate of Consumer Affairs of the Ministry of Health, Consumer and Social Affairs, and it will be included in the single list of ADR bodies of the European Commission and in the Online Dispute Resolution Platform created by the European Union.
WHO IS IT COMPOSED OF?
It is composed of eminent professionals with recognised qualifications in the fields of law, commercial communications, economics and consumer protection, and conducts its activities in accordance with the principles of independence, impartiality, transparency, efficiency, speed and fairness. To guarantee its impartiality, the Advertising Jury and its members are independent of the associations and entities affiliated to AUTOCONTROL. The Spanish Agency for Food Safety and Nutrition (AESAN), part of the Ministry of Health, Consumers and Social Welfare, appoints 25% of its members. In addition, in the case of complaints from individuals, one member of the Jury is appointed by consumer associations.
HOW DOES IT RESOLVE COMPLAINTS?
The Advertising Jury, applying the Code of Advertising Practice (and therefore the law) and the procedure established in its Regulations, resolves all complaints and disputes that arise against specific advertisements broadcast by any means in Spain. Individual consumers can submit the complaint through this online form, which will be processed by the Jury’s Section Seven, in accordance with the provisions of the Jury’s Regulations.
WHO CAN SUBMIT COMPLAINTS?
Complaints can be lodged by anyone with a legitimate interest in a particular advertisement, whether or not they are a member of the Association. The system is free of charge for consumers, consumer associations and the public administration. Individual consumers can submit a complaint using this online form, which will be processed by the Jury’s Section Seven in accordance with the provisions of the Jury’s Rules of Procedure.
ARE THE DECISIONS OF THE JURY MADE PUBLIC? ARE THEY MANDATORY?
All the decisions of the Advertising Jury are made public and are mandatory for AUTOCONTROL members or those who have signed up to the system (in accordance with the agreements on the application of sectoral codes of conduct) and voluntary for the rest.
Despite the voluntary nature of the system, which by its very nature can only be legally binding on its members or affiliated entities, the moral force of the decisions of the AUTOCONTROL Advertising Jury is undeniable throughout the sector, even for companies that do not participate in the system. The technical authority and impartiality demonstrated by the Advertising Jury in its decisions have created a high level of credibility and trust, both within the advertising industry and with the administration and society in general.
HOW MUCH DOES IT COST TO FILE A COMPLAINT?
The advertising complaint system is free of charge for consumers, consumer associations and the administration.