Discrimination in communication and advertising

Commentary on Article 22 of Law 15/2022, of July 12, Comprehensive for Equal Treatment and Non-Discrimination

Abstract

The media and advertising campaigns have a lot to say in the process of building equal treatment. In this sense, Spanish legislation on equality and non-discrimination and sectoral legislation on media and advertising have been insisting on the essential function that they are called to fulfill as active agents in guaranteeing equal treatment and non-discrimination by promoting a dissemination of non-stereotypical content, a treatment of news free of discriminatory biases and being a true reflection of social diversity. Law 15/2022, comprehensive for equal treatment and non-discrimination, refers to these issues raised here, since its article 22 refers to the media of social communication and advertising, as well as the internet and social networks, proclaiming that they must respect the right to equal treatment and avoid any form of discrimination. Throughout the pages of this work we aim to account for the evolution of the regulatory framework, establishing the relationship between law and advertising; therefore, the legal limits of advertising in Spain will be analyzed.