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IRIS 2020-4:1/22 [ES] Constitutional Court overturns Supreme Court´s ruling due to violation of freedom of expression

In 2017, the Supreme Court convicted an artist of the crime of glorifying terrorism and humiliating its victims because of several comments he posted on the social network Twitter between November 2013 and January 2014. Specifically, it found that the messages posted were humiliating and that they fed hate speech by legitimising terrorism. Now, the Plenary of the Constitutional Court has upheld the appeal for protection filed by the convicted person and has annulled the sentence of the Criminal Chamber of the Supreme Court. In its ruling, the Constitutional Court considered that the appellant´s...

IRIS 2020-4:1/20 [ES] Modifications for the promotion of cinematographic activity and for the improvement of technical aspects

The Institute of Cinematography and Audiovisual Arts (ICAA), which is attached to the Ministry of Culture and Sports, is in the process of modifying Royal Decree 1084/2015 of December 4, which developed Law 55/2007, of December 28, on the cinema. The modifications fall into two categories: on the one hand, those that affect the promotion of cinematographic and audiovisual activity and, on the other, those of a procedural nature aimed at improving the technical aspects of the decree. The former consist in making the approval regime for international co-productions more flexible, with the provision...

IRIS 2020-4:1/3 [ES] Supreme Court confirms that Catalan public service broadcaster violated principles of neutrality and pluralism during elections

On 6 March 2020, the Third Chamber of the Spanish Supreme Court (Tribunal Supremo) dismissed the appeal of the Corporació Catalana de Mitjans Audiovisuals, CCMA (a regional public service broadcaster), against resolutions of the Central Electoral Board (Junta Electoral Central - JEC) issued in December 2017. In these decisions, which were taken in the context of the elections to the Parliament of Catalonia called for on 21 December of that year, the JEC had ruled that TV3 and Catalunya Radio, both part of the CCMA, had violated the principles of news neutrality and political pluralism on...

IRIS 2020-3:1/27 Spanish war over football moves ahead: Mediapro defeats RFEF

What has been referred to in Spain as 'the war over football', a conflict between media corporations regarding football broadcasting rights that started in 2007 (see IRIS 2011-10:1/13), moves ahead with a new episode. On this occasion, the players are Mediapro, the company that owned those rights for many years, and the Real Federación Española de Fútbol (RFEF), the governing body of football in Spain. The Provincial Court of Madrid (Audiencia Provincial de Madrid) has sanctioned the RFEF for abuse of a dominant position. The dispute that has been taking place concerns...

IRIS 2020-3:1/19 Central Electoral Commission fines acting President of the Government and Government Spokesperson

On 23 January 2020, the Junta Electoral Central (Central Electoral Commission – JEC) decided that the acting president of the government, in the exercise of his responsibilities as such, had also infringed Article 153.1 of the Organic Law of the General Electoral System, through the realisation and diffusion of a TV interview by taking advantage of the public means at his disposal, in his capacity as acting president of the government. The JEC also decided that the minister acting as government spokesperson, in the exercise of her responsibilities, had infringed Article 153.1 of the Organic...