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IRIS 2016-9:1/12 [ES] CNMC reported about the fulfilment of the public service duties of RTVE

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...

IRIS 2016-8:1/2 European Commission: Support for private broadcasters in breach of EU state aid rules

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...

IRIS 2016-7:1/15 [ES] Catalan Audiovisual Council launches project on protection of minors on the Internet

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...

IRIS 2016-7:1/3 Court of Justice of the European Union: Private copying compensation cannot be funded through general state budget

On 9 June 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-470/14, EGEDA v. Administracion del Estado. The case was a reference from the Spanish Supreme Court seeking a preliminary ruling on the interpretation of Article 5(2)(b) of Directive 2001/29/EU (the “InfoSoc Directive”). On 7 December 2012, the Spanish government had adopted Royal Decree 1657/2012, which regulates the procedure of compensating rightsholders for acts of private copying. This was a continuation of the derogation by Royal Decree Law 20/2011 of the private copying levy and the introduction...

IRIS 2016-3:1/12 [ES] CNMC decides on short news reports for football matches

On 28 January 2016, Spain’s National Authority for Markets and Competition (CNMC) adopted a decision ordering the Professional Football League (LFP) to give a 90-seconds short news summary of every game to every television station and allow free access to stadiums to broadcasters. However, the channels could only show the summary twice in a 24 hour period. In its decision, the CNMC stressed "the unquestionable social relevance of professional sports" in Spain. However the regulator also considered that 90 seconds is enough to guarantee the citizens’ rights to be informed, and therefore no economic...