Dissemination and audience metrics as contracting criteria in the regulatory framework of the institutional advertising in Spain

Abstract

In this paper we address how media outlets’ circulation and audience data are covered in the regulatory framework for the procurement of institutional advertising in Spain. We analyse whether circulation and audience metrics should be considered part of the criteria for the distribution of funds and the selection of media outlets by both the General State Administration of Spain—as provided for in the Law on Institutional Advertising and Communication—and the Administrations of various Autonomous Communities—as provided for in their respective regional laws. Also studied are specific mentions and clarifications of these issues in the Law on Public Sector Contracts and by the Ministry of Finance, the National Markets and Competition Commission, and the Constitutional Court of Spain. The conclusion drawn from the results obtained is that, in the regulatory framework for institutional advertising in Spain, quantitative circulation and audience data are considered objective criteria for the calculation of campaign costs, the rationality of campaign spending and the evaluation of campaign effectiveness. However, not every law on this issue expressly states the need for such data and that they be verified by independent, not-for-profit bodies, as stipulated by the General Law on Advertising. That may give rise to a situation in which there is a lack of uniformity, which may in turn have an impact on the legally required transparency, efficiency and austerity of spending on the procurement of advertising slots and spaces.