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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...

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...

On 29 November 2017, the Catalan Audiovisual Council (CAC) adopted a Report on pluralism in current affairs debates programmes. It is the first report from the Catalan authority which analyses the level of current affairs debates programmes broadcast in Catalonia, and it is considered as a methodological model for possible systematisation and inclusion in the global analysis of pluralism carried out by the Council in their monthly reports. The 100-page report responds to Motion 63/XI of the Parliament of Catalonia, approved unanimously by all parliamentary groups, which urged the CAC to analyse...

On 7 December 2016, the European Commission decided to refer Bulgaria, Luxembourg, Romania and Spain to the Court of Justice of the European Union (CJEU) for their alleged failure to notify the complete transposition of the Collective Rights Management Directive (Directive 2014/26/EU) into their national laws (see IRIS 2014-4/4). The Directive aims to coordinate national rules concerning access to the online music sector by enhancing the workings of collective management organisations and by increasing transparency. The deadline for its transposition into national law was 10 April 2016. According...

On 20 December 2017, the Court of Justice of the European Union (CJEU) delivered three judgments concerning measures implemented by Spain for the deployment of digital terrestrial television (“DTT”) in remote and less urbanised areas of Spain. All three judgments concerned a 2013 European Commission decision which found that the Spanish system of granting aid to the operators of the terrestrial television platform for the deployment, maintenance and operation of DTT in remote and less urbanised areas was incompatible with EU state aid rules (see IRIS 2013-7/5). The Commission found that the measure...