Election Advertising Rules: Free Airtime and Media Regulations

Free Advertising Space in Election Campaigns

During election campaigns, competing political forces are entitled to free advertising space on both publicly owned and autonomous state radio and television stations.

Distribution Criteria for Free Airtime

When multiple elections are held simultaneously, the LOREG (in Article 63) outlines how results are used to distribute free airtime. In the absence of explicit regulations, the Electoral Board establishes the specific criteria for this distribution.

Time Allocation Scale (Article 64 LOREG)

The scale for determining the airtime allocated to each entity is as follows:

• 10 minutes: For those who did not run or did not gain representation.
• 15 minutes: If the entity did not reach 5% of votes in the national territory or the relevant dissemination area.
• 30 minutes: If the entity received between 5% and 20% of the vote.
• 45 minutes: If the entity received more than 20% of the votes.

Eligibility Requirements

Free broadcasting time is only granted if candidates are presented in more than 75% of constituencies within the scope of the broadcast. If this requirement is not met, parties or federations are entitled to 15 minutes of airtime in national media if they obtained at least 20% of the votes in a previous election within that Autonomous Community (CCAA).

Authority and Oversight

The JEC (Central Electoral Board) or the relevant regional Electoral Board is responsible for distributing free election propaganda spaces on public media, based on proposals from the Radio and TV Commission. This authority may delegate tasks to the JEP (Provincial Electoral Board), which then constitutes a committee to manage provincial acts.

Advertising Rates and Restrictions

To ensure equal access, the LOREG mandates that:

• Advertising rates must not exceed those agreed upon for commercial advertising.
• There must be no discrimination between candidates regarding rates or placement.
• Political advertising cannot be contracted on private television stations.
• Political advertising cannot be contracted on municipally-owned radio stations.