Spain

[ES] Audiovisual Developments in Autonomous Community of Navarra

IRIS 2001-9:1/18

Alberto Pérez Gómez

Entidad publica empresarial RED.ES

In July 2001, the Parliament of the Autonomous Community of Navarra approved a new Act on the provision of audiovisual services in Navarra and on the creation of the Consejo Audiovisual de Navarra (the Audiovisual Council of Navarra - CAN).

This Act implements some provisions of the national Act 25/1994 (as amended by Act 22/1999), which incorporates the "Television Without Frontiers" Directive into Spanish Law. The new Act of Navarra obliges broadcasters under its jurisdiction to comply with quotas for Navarran programmes. It also regulates advertising, sponsorship and the protection of minors, and implements in Navarran law article 18 of Act 25/1994 on the right of TV users to receive accurate information on the programme planning of TV channels: broadcasters under Navarran jurisdiction shall release their programme schedule at least 11 days before broadcast and they shall post it on their websites, if they have one.

Act 18/2001 of Navarra only implements Act 25/1994, but not other national laws, which might require further implementation in order to be applied by the Navarran authorities, such as the 1995 Cable Telecommunications Act, or the legislation on digital terrestrial TV.

This Act provides for the creation of an independent audiovisual regulatory authority, the CAN. Five of its seven members shall be appointed by the Parliament of Navarra, and the remainder by the Government of Navarra. They can only be dismissed in the event of failure to respect the rules of incompatibility with which they must comply, incapacity to exercise their functions, or on the grounds of an offence, subject to a final decision by a court. The CAN shall have the power to impose sanctions, and it shall also give its binding opinion on certain matters, such as the drafting by the Government of Navarra of Decrees and calls for tenders relating to the provision of audiovisual services in Navarra. Thus, like Catalonia, Navarra now has independent audiovisual regulatory authorities entrusted with powers that enable them to fulfil their missions, while at national level, many relevant audiovisual responsibilities (including content control, the granting of concessions and the application of ownership limits) still belong to the Government.