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On 4 June 2024, the Spanish Council of Ministers approved the Anteproyecto de la Ley Orgánica de Protección de los Menores en los Entornos Digitales (draft Organic Law on the Protection of Minors in Digital Environments). According to Félix Bolaños, Minister for the Presidency, Parliamentary Relations and Democratic Memory, the law aims to guarantee the rights of minors, in particular the fundamental rights enshrined in Articles 18 and 20 of the Spanish Constitution, i.e. the right to honour, personal and family privacy and one’s own image. The law begins...

On 30 April 2024, the Council of Ministers, at the proposal of the Ministry for Digital Transformation and Public Service led by José Luis Escrivá, approved Real Decreto-Ley 444/2024 (Royal Decree-Law no. 444/2024) which, for the first time, establishes conditions for the regulation of the activities of Spanish influencers (or content creators or vloggers) in accordance with the 2022 Ley General de Comunicación Audiovisual (General Law on Audiovisual Communication). According to the royal decree, the text is designed to create an up-to-date legal framework that reflects...

In a decision dated 22 March 2024, the judge of the Spanish National Court, Santiago Pedraz, ordered the blocking of Telegram in Spain. This decision followed a lawsuit filed a few months previously by various dominant Spanish audiovisual groups, such as Atresmedia, Mediaset and Movistar Plus. The latter claim that the instant messaging service hosts and enables the distribution of pirated audiovisual content via the platform. The decision was made after Telegram failed to respond to several requests for information from the judge. In the order, the judge argued that it was a necessary, appropriate...

The Spanish National Markets and Competition Commission (Comisión Nacional de los Mercados y la Competencia, CNMC) has been appointed by the Ministry for Digital Transformation and Public Service as the Spanish Digital Services Coordinator. This decision aligns with the requirements of the Digital Services Act (DSA), which demands the appointment of an independent authority with no ties to external influences, and with sufficient autonomy to manage its budget. The CNMC is already responsible for supervising the audiovisual market (among other areas such as energy, postal services and...

The Spanish Ministry of Economy, Trade and Enterprise (MINECO) unveiled a draft royal decree in December 2023 outlining criteria for identifying users of special relevance on video-sharing platforms such as YouTube or Twitch. This is a legal regulation that will establish obligations for certain users, commonly known as influencers, content creators, or vloggers. If these actors adhere to the outlined requirements, they will be considered as a particular type of audiovisual communication service provider according to the Spanish General Law on Audiovisual Communication, which transposed the European...