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On 27 March 2019, two separate decisions from the Junta Electoral Central (Central Electoral Commission - JEC) and from the Junta Electoral Provincial de Barcelona (Barcelona Electoral Commission - JEPB) ruled that the public service Corporació Catalana de Mitjans Audiovisuals (Catalan Audiovisual Media Corporation - CCMA) had infringed the legislation concerning media and elections. According to the Ley Orgánica del régimen electoral general (Representation of the People Institutional Act - LOREG), which regulates the use of mass media for electoral campaigning, the Electoral Administration has...

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,...

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...

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...

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...