Spain

[ES] Audiovisual Media Services providers satisfactorily comply with quotas on cultural and linguistic diversity for 2020

IRIS 2022-3:1/12

Sandra Torrillas & Mª Trinidad García Leiva

Audiovisual Diversity/ University Carlos III of Madrid

Audiovisual media service providers, in order to guarantee the necessary cultural and linguistic diversity, and its reflection in audiovisual productions, must comply with the quotas established in the Law 7/2010 of 31 March 2010 on General Audiovisual Communication.The quotas are 5% of profits from the previous year for providers and operators of services of a private nature, and 6% for those of a public nature. Every year, the Comisión Nacional de los Mercados y la Competencia (National Markets and Competition Commission, CNMC)  analyses the compliance of audiovisual media service providers with this obligation. However, the CNMC only supervises these obligations with respect to providers and operators that carry out this activity on a national basis, as those that carry out this activity on a regional basis are audited by regional entities of this nature.

In relation to the analysis carried out by this public body, with regard to compliance with the aforementioned quotas for 2020, the CNMC has issued a report comprising of the performance of 21 service providers. From their report, the CNMC states that a total of 15 service providers have complied satisfactorily with the quotas, two have registered small deficits in some of the categories (Veo TV and Atresmedia), one has requested the transfer of these obligations to the following year (Cineclick), one has not exceeded the obligations imposed (The History Channel) and, finally, two of them have not been considered as obligated service providers given that they have not broadcast audiovisual works that are less than seven years old (13TV and Ten Media). In contrast to the analysis for the previous year, none of these service providers exceeded the established quotas.

In addition, the CNMC received 74 petitions during the year in relation to parties that should be obliged to comply with the quotas established by law. The CNMC has opened proceedings against three of them who have been considered obliged parties, as well as the initiation of 10 sanctioning procedures, amongst other actions.