Find Lawyers in Spain for Broadcasting Law

The EU Audiovisual Media Services Directive (Directive 2010/13/EU), as the main instrument of the European audiovisual regulatory policy, calls on Member States to reform their legislation on this field with the aim of harmonizing and reforming the different regulations covering the audio/visual sector. The Audio/visual Media Services Directive provides a more general but flexible regulation in comparison with the Television Without Frontiers Directive (Council Directive 89/552/EEC). The new rules respond to technological developments and represent the opportunity to improve common minimum standards in Europe for traditional broadcasting and emerging on-demand audio/visual media services. In sum, the Audio/visual Media Services Directive provides the key concepts on audiovisual regulation based on the objective of convergence of technologies, businesses, contents, and services.

In Spain, the general law regulating audiovisual communication services is the General Law on Audiovisual Communication (Law 7/2010, May 31). It created a new supervisory body, (Consejo Estatal de Medios Audiovisuales). Regulatory bodies with similar functions already exist in some Autonomous Communities.

The Law has a chapter entitled Basic Rules for Audiovisual Communications, which sets forth the rights both of consumers and of audiovisual media service providers. It sets out a group of rules concerning program sponsorship, advertisement and product placement. The Law only allows the advertising of alcoholic drinks of less than 20 percent. It also sets out rules concerning exclusivity over certain content for broadcasters, as well as the obligation to broadcast free-to-air the whole or part of this content when it is considered to be of public interest. A list of events which fulfill this criterion includes, among others, the Champions League Final, the Olympic Games and the Formula 1 Grand Prix that take place in Spain.

Other acts covering the audiovisual sector are:

- Law 10/2005, on urgent measures for the promotion of digital terrestrial TV, liberalization of cable, and promotion of media pluralism;

- Law 17/2006, on national public radio and TV;

- Law 55/2007, on Cinema; or

- Decree 1/2009, on urgent measures for the telecommunications sector.

Successive governments have approved diverse regulations to face concrete situations as a consequence of new technological changes occurred during the past years.