The Government of Spain approves the law on preventing under-age drinking

The Minister for Health, Mónica García, the Minister for Education, Vocational Training and Sports and Government Spokesperson, Pilar Alegría, and the Minister for Digital Transformation and Public Function, Óscar López, during the press conference (Pool Moncloa/José Manuel Álvarez)

The Council of Ministers has approved referring the draft law on preventing the consumption of alcoholic beverages and their effects on minors to Parliament, a law that comprehensively addresses this issue.

The Minister for Health, Mónica García, specified that this is a pioneering state legislation that harmonises existing laws on the subject in the territory, includes new measures, responds to a social concern that needs to be addressed urgently and is backed by the recommendations of a parliamentary commission.

Data from the latest State Survey on Drug Use in Secondary Education in Spain (ESTUDES) show that alcohol is the most widely used psychoactive substance among students aged 14 and 18. Moreover, as the minister remarked, 93% say that, despite existing restrictions, access to alcoholic beverages in supermarkets, shops and bars is almost free.

Mónica García explained that the objectives of the law are to prevent underage drinking and protect them from its effects, to create safe and healthy environments for children and adolescents and to provide the sectors that work with these groups with effective tools to promote healthy habits. "The scientific evidence is clear: there is no safe amount of alcohol of any kind that does not have a negative impact on health. Drinking alcohol in moderation does not have any health benefits," the minister stressed.

Main measures of the future law

The Minister for Health, Mónica García, at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

The Health minister advanced three specific areas of action of the regulation: prevention in consumption, its regulation and the regulation of advertising.

The consumption of alcohol is prohibited for minors, as well as for all people in places where minors are in the majority, such as educational, sports or leisure centres.

The law prohibits the sale and display of alcoholic beverages in establishments that are primarily intended for minors, such as toy shops that also sell food or beverages, said Mónica García. In addition, the minister indicated that self-service machines must have mechanisms to prevent minors from buying drinks and may not be installed on public roads or in areas where the sale and consumption of alcoholic beverages is prohibited.

With regard to advertising, the minister stressed that alcohol advertising aimed at minors is prohibited, as well as advertising that uses images, messages or terms that minimise its health risks and associate it with childhood or youth. Sponsorship of alcoholic beverages and companies is prohibited in public spaces aimed at minors and in training activities for professionals in health, education, sport or children and youth services.

It is also forbidden to place any type of commercial communication, including advertising, on public roads within a radius of 150 metres of educational, health and social-health centres, parks and children's playgrounds. This measure will take effect one year after the publication of the law.

Avoiding the risks of misuse of Artificial Intelligence

The Minister for Digital Transformation and Public Function, Óscar López, at the press conference following the Council of Ministers | Pool Moncloa/José Manuel Álvarez

The Council of Ministers has addressed the draft bill on the governance of Artificial Intelligence, which adapts the European regulation on this matter to Spanish legislation.

The Minister for Digital Transformation and Public Function, Óscar López, has stressed that the Spanish economy could grow by 8% through the application of Artificial Intelligence alone over the next 10 years. He also pointed out that, according to the technology companies themselves, the Government of Spain is a leader in implementing and promoting Artificial Intelligence.

The minister recalled that, in 2020, the Government launched a strategy for Artificial Intelligence to promote growth and the well-being of citizens. "It is a tool," added López, "that can be used to research diseases or prevent natural disasters, for example, but also to "spread hoaxes, lies and hatred."

Among the achievements of this strategy, Óscar López mentioned the Barcelona Supercomputing Centre; the launch of a family of language models trained in Spanish and other co-official languages; the transfer of 223 million euros to the autonomous communities to promote Artificial Intelligence in the public sector, and the strategic investments of the Spanish Society for Technological Transformation in sectors of public-private partnership.

Another benefit of this strategy, the minister stressed, is the boost to digital rights. Spain was the first country to approve a Digital Rights Charter and also to set up a Digital Rights Observatory and a State Agency for the Oversight of Artificial Intelligence (AESIA).

Prohibited practices and sanctions

The draft bill completes the regulation of digital services and media recently presented by the Executive. The future regulation protects digital rights against negative use of Artificial Intelligence, identifying prohibited practices and high-risk systems, as summarised by the Minister for Digital Transformation and Public Function.

Prohibited practices in the field of Artificial Intelligence include the use of subliminal techniques to manipulate decisions, for example through a 'chatbot' that identifies users with a gambling addiction and encourages them to gamble online. Exploiting vulnerabilities related to age or disability, for example through a children's toy that encourages the completion of challenges that result in serious injury, will also be punishable. The law also prohibits the biometric classification of persons in public spaces, except for exceptions motivated by security reasons in areas such as defence or internal affairs.

The penalties for these practices range from 7.5 to 35 million euros or between 2% and 7% of the global business of the offending company. The authority that will prosecute these conducts will be the Spanish Data Protection Agency for biometric systems; the General Council of the Judiciary for the field of justice, the Central Electoral Board for democratic processes concerns, and the AESIA in all other cases.

Obligation to identify AI-generated images

The Minister for Digital Transformation and Public Function, Óscar López, during his speech at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

Moreover, the draft law identifies high-risk AI systems, which must comply with a number of obligations, such as having a risk management system and human oversight. This includes certain practices in industrial products, toys, radio equipment or medical devices, as well as systems related to critical infrastructure, education and vocational training, employment, banking services and essential public services, among others. Breaches will be penalised with fines between 500,000 euros and 7.5 million euros or between 1% and 2% of the company's global turnover.

Óscar López has indicated that it will also be considered a serious breach not to comply with the obligation to correctly tag or identify any image, audio or video generated or manipulated with Artificial Intelligence in which real or non-existent people are shown saying or doing things they have never said or done. All citizens, he said, can be "victims of impersonation so that they are seen in a false context, saying false things and doing things that did not happen."

The European regulation adapted by the draft law requires the establishment of a controlled test environment to facilitate the validation of Artificial Intelligence systems before they are placed on the market or put into service. According to the minister, Spain already has this tool so that companies can "calmly" test how Artificial Intelligence regulation is applied and how it affects their day-to-day business.

World Consumer Rights Day

The Minister for Education, Vocational Training and Sports and Government Spokesperson, Pilar Alegría, during her speech at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

The Minister for Education, Vocational Training and Sports and Government Spokesperson, Pilar Alegría, has informed that the Council of Ministers has approved an institutional declaration in the framework of World Consumer Rights Day, which will be celebrated on 15 March. According to Alegría, with this declaration, in which consumer protection in the digital environment takes on special relevance, "the Government is showing a new commitment to the rights of consumers."

Specifically, the text includes the Executive's desire to ensure that price personalisation with algorithms respects fundamental rights, as well as the objective of guaranteeing that citizens have the right to know how they are profiled on the internet, to control or refuse the use of these profiles by companies and to not be offered unsolicited services or products.

Other topical issues: 11 March anniversary and the president's agenda

The Minister for Health, the Minister for Education, Vocational Training and Sports and Government Spokesperson, and the Minister for Digital Transformation and Public Function, explain the agreements adopted by the Executive in the press room | Pool Moncloa/José Manuel Álvarez

The Government spokesperson began the press conference with a message of remembrance for the victims of the terrorist attack in Madrid on 11 March 2004, which is 21 years ago, "the most serious attack ever suffered in our country."

A total of 192 people died and more than 1,800 were injured, and the minister expressed her words of "remembrance" and "tribute" to them, on a date that also marks the European Remembrance Day for Victims of Terrorism. "On behalf of the Government of Spain, we want to convey to them all our affection," she stressed.

On the other hand, Pilar Alegría referred to the international agenda of the president of the Government of Spain, who this week will continue the round of contacts to address the situation in Ukraine with meetings with the Prime Ministers of Finland and Luxembourg. Pedro Sánchez will also meet with the President of the European Investment Bank (EIB), Nadia Calviño.

"The president has held numerous important meetings with different European leaders in Kyiv, Paris, Brussels and London, because Spain is playing an active and leading role in the search for peace, a just and lasting peace for Ukraine and also for Europe," said Alegría, who said that after the next European Council, to be held on 20 and 21 March, the president will appear in the Lower House of Parliament to explain everything that has been discussed at these meetings.

Non official translation