Advertising regulation under the European Digital Services Act package: assessing the protection of minors in the digital space

The protection of minors against unsuitable media content disseminated via linear audiovisual programs, video-sharing platforms, and social networks represents a key theme in the audiovisual policy debate at the European level. Recent legal developments including the Audiovisual Media Services Directive, the General Data Protection Regulation, the Unfair Commercial Practices Directive, the Digital Services Act and the Digital Markets Act aim to tackle the challenges associated with the exposure of underaged consumers to potentially harmful and prejudicial media content and audiovisual commercial communications. Based on an extensive analysis of extant legal frameworks, this article investigates the provisions for the regulation of audiovisual commercial communication and online advertising practices under the revised Audiovisual Media Services Directive, the Digital Services Act and the Digital Markets Act, with a special emphasis on the measures introduced to increase the protection of minors. Based on a qualitative longitudinal analysis, the study maps out the specific European policy instruments and provisions aiming at strengthening the protection of underaged viewers from potentially harmful and prejudicial content, with a special emphasis on the Spanish case. Data is taken from multiple publicly available sources such as European and central governments information, ministerial data, and regional agencies. Results show that a plethora of regulatory bodies are actively involved in overseeing the implementation of the provisions on audiovisual commercial communications to ensure the consumer protection.