Spain

[ES] Regulation of the Audiovisual Sector by the Autonomous Communities

IRIS 1999-10:1/16

Alberto Pérez Gómez

Entidad publica empresarial RED.ES

The Parliament of Galicia (one of the seventeen Spanish Autonomous Communities) has recently approved an Audiovisual Law. This Law is mainly concerned with the promotion of the Galician film industry and the Galician language in audio-visual works. The Law also establishes a series of principles that will regulate those activities related to the audio-visual sector, and it provides, inter alia, that the Galician authorities may provide ratings for films, or approve regulations regarding audio-visual content broadcast by regional and local operators. In addition, these authorities will control the enforcement in Galicia of the legal provisions which deal with the audio-visual sector.

The wording of this Law is somewhat vague, in that the provision merely sets out a general framework. Thus, the real scope of this legislation will depend on the implementation measures that are to be adopted by the Galician authorities.

According to Article 149.1.27 of the Spanish Constitution, the responsibility for the regulation of the audio-visual sector is shared by the State and the Comunidades Autónomas ("Autonomous Communities", the regional political entities). The State has the power to approve the basic legislation for press, radio, television and any other media, without prejudice to the powers of the Autonomous Communities to implement and to enforce this basic legislation.

The activities of the Autonomous Communities are especially relevant as far as regional and local radio and television (including the provision of cable TV services) are concerned.