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By judgment of 10 November 2016, the Spanish Supreme Court cancelled Royal Decree 1657/2012, which regulates the procedure of compensating rightsholders for acts of private copying. This Decree was itself a continuation of the derogation by Royal Decree Law 20/2011 of the private copying levy and the introduction of a new system whereby fair compensation for acts of private copying is paid to rightsholders from the state budget (see IRIS 2012-8/19, IRIS 2011-5/20, IRIS 2011-4/23 and IRIS 2010-10/7). The Supreme Court decision follows the judgment delivered on 9 June 2016 by the Court of Justice...

On 10 November 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in DTS v. European Commission, on whether the financing of the Spanish public broadcaster RTVE is compatible with EU rules on state aid. At issue were amendments introduced under Law No 8/2009 on the funding of RTVE (Ley 8/2009 de financiación de la Corporación de Radio y Televisión Española), which provided that advertising, teleshopping, sponsorship and pay-per-view services would no longer be sources of funding for RTVE. Instead, the only commercial revenue that would be available would be income which...

On 27 July 2016, Spain’s National Authority for Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC) published the first report on the fulfilment of the Spanish Public Corporation (Corporación de Radio y Televisión Española - CRTVE) public interest duties and funding, corresponding to 2014. The 2006 National Public Radio and Television Act imposes the duty on an independent authority to assess the effectiveness of the public service broadcaster in delivering the public service purposes set out in the Law. Nevertheless, the absence of such authority before the creation...

On 5 August 2016, the European Commission concluded that a Spanish scheme to compensate terrestrial private broadcasters for carrying out parallel broadcasting during the digitisation of the terrestrial television signal was in breach of EU state aid rules (for related decisions, see IRIS 2014-10/2 and IRIS 2013-7/5). However, as no aid had been granted to date, no recovery was ordered. The decision arose from a 2011 notification from Spain that it planned to compensate private broadcasters for certain costs associated with the switch from analogue to digital broadcasting. In particular, Spain...

The Catalan audiovisual regulatory authority, the Consell de l'Audiovisual de Catalunya (Catalonian Audiovisual Council, CAC) has launched a project entitled “Protecció dels menors a Internet” (Protection of Minors on the Internet). The project aims to provide users, especially children and teenagers, with a set of tools and resources to ensure greater protection from harmful content online. The aim of this Internet awareness campaign is to educate and provide families, teachers and children with tools and resources, which supplement the work that CAC already carries out to monitor and analyse...