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IRIS 2019-5:1/10 [ES] Spanish Court shuts down “stream-ripping” websites

A recent judicial order issued by the Juzgado de lo Mercantil (Commercial Court) nº 11 of Barcelona has ordered that seven “stream-ripping” websites be shut down. The judicial order was requested by the Asociación de Gestión de Derechos de Propiedad Intelectual (AGEDI). The judicial order was issued three months after the lawsuit was filed by AGEDI. The Commercial Court ordered precautionary measures preventing access from Spain to seven “stream-ripping” websites. The websites in question are flvto.biz, flvto.com, flvto.co/es, flvv2mp3.org, flv2mp3.com, flv2mp3.by, and 2conv.com. Under the order,...

IRIS 2019-5:1/9 [ES] Constitutional Court of Spain rules out the use of hidden cameras for journalistic purposes

On 25 February 2019, the Constitutional Court of Spain ruled out, in a judgement, the use of hidden cameras for journalistic purposes. The Constitutional Court ruled that “the Constitution does not permit the use of hidden cameras for journalistic purposes as it constitutes a serious illegitimate interference with the fundamental rights to privacy and to one’s own image”. The judgement of the First Chamber partially upheld the appeal for constitutional protection brought by an individual who considered that journalists of a television channel had violated his rights to privacy, own image and honour...

IRIS 2019-4:1/12 [ES] Catalan Audiovisual Council analysis of online content that promotes betting and gambling

Current epidemiological data demonstrate that in Spain, up to 4.6% of teenagers show risk behaviour in relation to betting and gambling, and that the average age at which addicts start to gamble is 19 years old. In addition, 37% of adult addicts started gambling before they had reached the minimum legal age to do so. Bearing in mind this data, the Catalan Audiovisual Council (Consell de l’Audiovisual de Catalunya, CAC) report examines audiovisual content that promotes betting and gambling in various ways, with a view to informing the debate on the rise in betting and gambling addictions. To do...

IRIS 2019-3:1/12 [ES] Public consultation in Spain on the implementation of the AVMS Directive

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...

IRIS 2019-3:1/11 [ES] Spain goes further than the GDPR when adapting its data protection law

More than a year after the draft bill was submitted to the Congress on 14 November 2017, Spain finally adopted its Organic Law No. 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights. The law entered into force on the day following its publication in the Official Gazette of 6 December 2018, Constitution Day in Spain. The law applies to the public and private sector, is organised into ten chapters and includes ninety-seven articles, one repealing the provision as well as several additional, transitory and final provisions. It repeals Organic Law No. 15/1999...