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In a decision dated 22 March 2024, the judge of the Spanish National Court, Santiago Pedraz, ordered the blocking of Telegram in Spain. This decision followed a lawsuit filed a few months previously by various dominant Spanish audiovisual groups, such as Atresmedia, Mediaset and Movistar Plus. The latter claim that the instant messaging service hosts and enables the distribution of pirated audiovisual content via the platform. The decision was made after Telegram failed to respond to several requests for information from the judge. In the order, the judge argued that it was a necessary, appropriate...

The Spanish National Markets and Competition Commission (Comisión Nacional de los Mercados y la Competencia, CNMC) has been appointed by the Ministry for Digital Transformation and Public Service as the Spanish Digital Services Coordinator. This decision aligns with the requirements of the Digital Services Act (DSA), which demands the appointment of an independent authority with no ties to external influences, and with sufficient autonomy to manage its budget. The CNMC is already responsible for supervising the audiovisual market (among other areas such as energy, postal services and...

The Spanish Ministry of Economy, Trade and Enterprise (MINECO) unveiled a draft royal decree in December 2023 outlining criteria for identifying users of special relevance on video-sharing platforms such as YouTube or Twitch. This is a legal regulation that will establish obligations for certain users, commonly known as influencers, content creators, or vloggers. If these actors adhere to the outlined requirements, they will be considered as a particular type of audiovisual communication service provider according to the Spanish General Law on Audiovisual Communication, which transposed the European...

In the face of social concern about the increasing uncontrolled access of children and young people to adult content, Spain is making legal and practical progress in the protection of minors on the Internet. Firstly, it was the Spanish Data Protection Agency (Agencia Española de Protección de Datos – AEPD) that introduced an age verification system in December 2023 to ensure that any person accessing adult content is authorised to do so. This is in line with the General Law on Audiovisual Communication (Spanish Law 13/2022), which obliges video-sharing platforms to set...

The Spanish Data Protection Agency (AEPD) has incorporated TikTok into its Priority Channel, a communication channel established between the agency and Spanish citizens to report content (photographs or videos) published on social media that is of a sexual nature or that shows acts of aggression that put the rights and freedoms of the people affected at high risk. The legal basis for this channel is that one’s own image constitutes personal data and , under Spanish law, the AEPD has the power to adopt urgent measures to limit the publication of content that undermines the protection of personal...