The seventh final provision of Law 12/2012 on urgent measures to liberalize trade and certain services, in force since last 28th December, has now amended the General Advertising Act to allow alcohol advertising with a graduation below 20 degrees in places where prohibited sale or consumption, and not just on television or in places where it is allowed for sale and consumption. From now on, beverages like beer or wine may be advertised at sporting events or even in the streets.
Surprisingly two years ago, the Supreme Court confirmed the validity of the 2002 ban the Region of Madrid imposed on acohol advertising on those places where its sale or consumption was also prohibited (decision no. 891/2010, 3rd January). Then, the focus of the discussion laid on the balance between the protection of Public Health (alcolohism mostly, which could be “triggered” by means of advertising on public places) and the right of any citizen to start and promote its own business and economical activities (in sum, rights of property). Although in that decisión the Supreme Court understood that such restriction on the latter was suitable and proportional attending to the main purpose of the law, the current finantial situation has obliged the government to “liberalize” some aspects of trade in order to increase the economic activity of the country. Prior “prohibition” laws (including the one commented) have been consequently automatically abrogated.