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Murcia prohibits partisan use of institutional advertising


Murcia prohibits partisan use of institutional advertising


La Ley 13/2018, of 29 of november, It establishes the principles which must undergo institutional communication and regulates institutional advertising, understood as communicative and advertising activities promoted by the public administrations and institutions of the Autonomous Community of the Region of Murcia, as well as companies and organizations that depend on them, and defines and guarantees the use of institutional advertising exclusively for the benefit of citizens, to be informed of their rights and the specific public services that can be accessed, under the collective and non-partisan civic conception of public services.

Also its purpose is that institutional advertising serves to inform citizenstheir legal responsibilities, civic and social or require certain behavior based on a specific legal right to protect, understanding communication and institutional advertising as a right of citizenship and a duty of institutions.

Por todo ello, the objectives of the standard are transparency, ensuring greater accessibility to citizens so as to allow them a more efficient use of public resources, and preserving institutional loyalty and plurality of means.

With regard to its subjective scope, se incluyen dentro del mismo todas las entidades integrantes del public sector of the Autonomous Community of the Region of Murcia, namely the General Administration of the Autonomous Community of the Region of Murcia, agencies and public bodies and foundations, consortia and public companies. Also the Regional Assembly, local authorities in the Autonomous Community of the Region of Murcia, as well as institutions or public entities dependent on them, which act under public law, and any other legal entities involving mostly, universities and publicly owned mainly financed by the Autonomous Community of the Region of Murcia.

General principles

The standard lists the general principles applicable to institutional campaigns, among which the following are noteworthy:

– Institutional advertising campaigns and communication will take place only when reasons of public interest and in the exercise of own powers

– They always conform to the principles of national interest, institutional loyalty, veracity, transparency, effectiveness, accountability and efficiency

Deben quedar claramente unset propaganda of political parties, both substance and aesthetics used

Las campañas institucionales They should not incite violence or anti-social behavior y deben respetar los derechos al honor, privacy and self-image, not denigrate any person or group, religion, thought or democratic ideology

Contribuirán a fomentar la igualdad entre mujeres y hombres respect and social diversity, cultural, ethnic, of thought and sexual orientation identity, avoiding the reproduction of gender stereotypes or cultural, and contribute to the protection of childhood and adolescence

Deben fomentar el respect for the environment and sustainability

Tendrán carácter inclusivo and non-discriminatory, for what measures must guarantee audiovisual accessibility to information supplied

Institutional comunication

The standard details the principles that must undergo institutional communication in all its manifestations, such as on objectivity, truthfulness and public utility, They linked to good governance and those related to the professionalization of institutional communication within the framework of the work of planning and evaluation. Further, those linked principles include social responsibility of public administrations in their communication activity.

institutional advertising

As for the institutional advertising, it is defined as the act or series of acts framed in the institutional communication, promoted by the entities subject to the law, They are performed using formats, supports or means contracted with third parties or otherwise disposed of by these.

Within its legal status, the text deals with the recruitment criteria of institutional advertising, supports and media and applicable regulations during elections, consultations and referenda.

Subjects included in the scope of the new standard should refrain from institutional campaigns election period or periods when it is in the process of holding a consultation or referendum in the area of ​​the Autonomous Community. And in institutional campaigns to promote participation in elections slogans may not be used, advertising elements or identifiable symbols of political parties.

prohibitions, planning and evaluation of communication and institutional advertising

With regard to the prohibitions, expressly rule states, inter, which may not promote or engage campaigns and institutional advertising which are designed to highlight the achievements of management or the objectives achieved by the subjects included in the subjective scope; which clearly undermine, hinder or disrupt public policies or actions lawfully performed by another public authority in the exercise of its powers; including discriminatory messages, sexist or contrary to the principles, values ​​and constitutional and statutory rights, and those who incite violence, directly or indirectly, or conduct contrary to law.

Planning and evaluation of communication and institutional advertising, the textIt incorporates the creation of the Council of Institutional Advertising and Communication, responsible for planning, technical assistance, evaluation and coordination of advertising activities and communication of public administration of the Autonomous Community of the Region of Murcia. His composition, organization and operation are determined by regulation. And within it a Resources Committee responsible for resolving claims that may arise will be created.

Asimismo la nueva ley dispone que anualmente se elaborará en el seno del Consejo de Publicidad y Comunicación Institucional de la Región de Murcia un Annual communication plan and institutional advertising en el que se incluirán todas las campañas de comunicación y publicidad institucional que se prevea desarrollar por la Administración pública de la Comunidad Autónoma de la Región de Murcia. Detailing its content and regulates its approval procedure. And in this context, the Government should produce an annual report covering advertising campaigns and communication in which all developed institutional campaigns will include, the amount, the award criteria used, the winners of contracts concluded, the relationship of objectives that are linked campaigns, and in the case of advertising campaigns, Averages plans.

Guarantees and rights of citizenship

Finally, the standard applies to the guarantees and rights that holds citizenship in relation to the right to cessation and rectification.

So, provides that natural or legal persons having a right or legitimate interest, and corporations, associations, unions and groups and entities that are affected or are legally authorized to defend legitimate collective rights and interests, hold the right to request the immediate cessation or rectification campaigns that fail to comply with some of the provisions laid down by law approving. Further, They can apply without having to prove a right or legitimate interest those legal entities whose object or purpose to ensure respect for the values ​​and principles enshrined in this law. And regulating the procedure of the request for termination or amendment is incorporated.

Entry into force

La Ley 13/2018, of 29 of november, entra en vigor el 4 December 2018, the day following its publication in the Official Gazette of the Region of Murcia.