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The world of bullfighting in Spain has been subject to controversy again. This time, not due to the opposition of animal’s defense groups, but due to the Supreme Court’s ruling No. 497/2021 of 16 February 2021, which denies a bullfighter’s performance in a bullfight being considered as an original work and artistic creation. Spain is one of the 8 countries in which bullfighting is still protected under its Cultural Heritage Act 18/2013 of 12 November 2013 which, in its preamble, observes the artistic component of bullfighting, which is "an artistic manifestation in itself,...

The national regulator CNMC (National Commission for Markets and Competition) sanctioned the companies Atresmedia and Mediaset for violations of the General Act on Audiovisual Communication (Ley General de Comunicación Audiovisual, LGCA). The former has been sanctioned for covert advertising and the latter for non-anticipated changes in its scheduled programming. With regard to the Atresmedia sanction, the applicable legislation defines covert advertising in Article 2.32 of LGCA as “the verbal or visual, direct or indirect, presentation of goods, services, name, brand, or activities...

On 6 November, the Ministry of Economic Affairs and Digital Transformation made public a Draft Law on Audiovisual Communication (Anteproyecto de Ley General de la Comunicación Audiovisual) with the aim of transposing the European Union's amended Audiovisual Media Services Directive and updating the regulation of the sector so that there is a level playing field for all competing agents. The draft is open to public information and consultation until 3 December and, once approved, will substitute the current Law 7/2010 on Audiovisual Communication. The main changes proposed in relation...

On 1 October, the National Commission on Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC), the Spanish regulator, launched a public consultation to determine whether video-sharing platforms (VSP) should comply with the current regulation that media service providers (MSP) are subject to. The development of new audiovisual actors such as VSPs and new media services which are sometimes difficult to categorise were some of the reasons for the update of the AVMSD; the new Directive redefined the concept of a programme, making it no longer necessary to have...

The Spanish regulator (Comisión Nacional de los Mercados y la Competencia, CNMC) has published a report about compliance with the obligations to pre-finance European audiovisual productions during 2018, which, in line with the Audiovisual Media Services Directive, are mandated by Spanish Audiovisual Law 7/2010 (Ley General de la Comunicación Audiovisual, Article 5.3). The obligations are stipulated differently depending on the type of operator: public service broadcasters must invest 6% of their profits from the previous year, whilst commercial players contribute 5%. Moreover,...