[ES] Public consultation in Spain on the implementation of the AVMS Directive

IRIS 2019-3:1/12

Enric Enrich

Enrich Advocats, Barcelona

The Spanish Ministry of Economy and Business has opened a public consultation process to gather the opinions of stakeholders in the audiovisual industry and other interested parties on the implementation of the EU’s Audiovisual Media Services Directive (“the AVMS Directive”), which will modify Law 7/2010 on Audiovisual Communication (the AVMS Directive).

The Ministry seeks the participation of audiovisual-sector agents, public administrations, agents from other sectors linked to the audiovisual sector, representatives of consumer associations and user associations, and members of society in general.

The consultation raises specific questions on the amendments that the AVMS Directive incorporates that are more relevant to the Spanish audiovisual regulatory framework, such as the need to strengthen the protection of minors and viewers, the harmonisation of rules applicable to linear services and on-demand services, the promotion of European audiovisual works, the flexibility of the advertising regime, and the inclusion of video-sharing services in the scope of platforms.

The questions included the following:

Question 3 - How do you consider the inclusion of video-sharing services through platforms and certain social networks in the field of application of audiovisual regulations?

Question 4 - What do you think of the reinforcement of the independence of the audiovisual regulators and formalisation of ERGA as an advisory body to the European Commission?

Question 14 - Do you consider that the current framework in respect of the promotion of European audiovisual works is adequate? Do you consider that the anticipated financing of the European production of films and series for cinema and television by providers of audiovisual communication services - which is covered by the current law - adequately promotes the production and promotion of European audiovisual content?

Question 20 - Taking into account the degree of flexibility available to member states in carrying out the implementation, what modifications introduced by the new Directive do you believe should be developed with a greater degree of detail or ambition than that which appears in the Directive? With what general objectives and in what way?

Question 21 - What other changes, even if not directly inspired by the new Directive, should be undertaken?

Interested parties had until 22 February to submit their contributions.


This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.