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On 26 July 2018, the Spanish Comisión Nacional de los Mercados y la Competencia (National Commission of Markets and Competition, CNMC), in two separate decisions, required that two broadcasters, Atresmedia and Mediaset, comply with the principles of Law 7/2010 of March 31 on General Audiovisual Communication (LGCA). Entertainment programmes are subject to a balance between the right to freedom of expression and information (as long as that information is true and correct) and the right of individuals to protect their image, intimacy and honour. Both rights are awarded the same level of protection...

Order 769/2018, of 17 July 2018 - which establishes the regulatory basis of the aid provided for in Law 55/2007 of December 28 on Cinema, and which determines the structure of the Administrative Registry of Cinematographic and Audiovisual Companies (see IRIS 2008-4/18) -has been published in the Official Gazette.   The Order, which stems from the consensus among stakeholders in the cinematic sector - adapts the internal regulations regarding matters of cinematographic and audiovisual aids to reflect the principles established in the EU Communication from the Commission on state aid for films and...

Two years after the transposition deadline (and in order to avoid a penalty already announced by the EU) the Spanish Government recently adopted Royal Decree-Law 2/2018 of 13 April 2018 (official gazette of 14 April 2018), which transposes Directive 2014/26/EU of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market. Royal Decree-Law 2/2018 also transposes into Spanish law Directive (EU) 2017/1564 of 13 September 2017 on certain permitted uses of certain works and other subject matter...

Shortly after the majority judgment in the case of Sinkova v. Ukraine (see IRIS 2018-5/3), the European Court of Human Rights (ECtHR) has delivered a new judgment in a case of symbolic speech and expressive conduct as part of the right to freedom of expression guaranteed under Article 10 of the European Convention of Human Rights (ECHR). The case concerns the conviction of two Spanish nationals, Enric Stern Taulats and Jaume Roura Capellera, for setting fire to a photograph of the royal couple, turned upside down, at a public demonstration held during the Spanish King’s official visit to the Catalan...

On 10 January 2018, the Catalan Audiovisual Council (CAC) Board members passed unanimously Agreement 1/2018 in response to the request made by the Ministry of Finance and Public Administrations on the draft Royal Decree (906/2017) on commercial communications regarding activities involving gambling and “responsible gambling”. The CAC is in favour of banning gambling and betting advertisements before the “watershed” - that is to say from 6:00am to 10:00pm. The Council also considers that it should be appropriate to eliminate the involvement of famous people in these kinds of commercial communications...