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IRIS 2015-7:1/9 [ES] Spanish broadcasting authority finds advertising rules were breached

In two decisions of 9 April 2015, the Spanish Comisión Nacional de los Mercados y la Competencia (National Commission for Markets and Competition - CNMC) imposed sanctions against Spanish media service providers for breaches of advertising regulations. The CNMC found that both Atresmedia (SNC/DTSA/1753/14/ATRESMEDIA) and Mediaset (SNC/DTSA/1748/14/MEDIASET) had harmed the integrity of programmes through the way they had interrupted them with advertising. Programmes of various genres had repeatedly been interrupted in the middle of scenes and conversations, sometimes even in the middle of sentences...

IRIS 2015-6:1/13 [ES] CNMC approves Telefónica acquisition of DTS

On 23 April 2015, the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia - CNMC) approved the merger of the telecommunications company Telefónica and the broadcasting company Distribuidora de Televisión Digital (DTS). The approval is subject to certain monitored commitments, which are valid for five years and may be extended for three additional years. Telefónica currently holds 44% of DTS share capital and, under the merger, will purchase 56% of the share capital held by the media company Prisa in DTS, meaning Telefónica will have sole control over...

IRIS 2015-6:1/12 [ES] Amendment of the Catalan Broadcasting Act

On 11 March 2015, Law 3/2015 on administrative, finance and fiscal measures was published in the Catalan Official Gazette. Article 99 of this Law has amended Article 1(c) (definition of “in-house production”) of the Catalan Broadcasting Act (Llei 22/2005, del 29 de desembre, de la comunicació audiovisual de Catalunya) (see IRIS 2006-2/14). As the Catalan Broadcasting Act does not define the concept of chain broadcasting and considering provisions of Article 22 of the General Law on Audiovisual Communication (Law 7/2010 of 31 March), it was necessary that the definition that has been amended clarify...

IRIS 2015-6:1/11 [ES] Spanish Government approves rules to grant six new nation-wide DTT licenses

On 17 April 2015, the Spanish Government approved the rules which will govern the process to grant six new DTT nation-wide licenses according to a “beauty contest” scheme. The rules establish the criteria according to which three standards plus three high definition frequencies will be assigned. These criteria include different parameters, such as technical and economic elements, content proposal, corporate strategy and promotion of pluralism and diversity. Despite Spain having recently established an independent regulatory authority with some competences in - among several other fields - the audiovisual...

IRIS 2015-2:1/14 [ES] Tax Deduction for Costs Incurred by Foreign Productions in the Spanish Territory

On 1 January 2015, the new text of the Corporate Income Tax Act (Ley 27/2014, de 27 de noviembre, del Impuesto sobre Sociedades) came into effect, having been announced last year. Notably, the new Article 36 concerns tax deductions for investment in film productions and audiovisual series. In this regard, Article 36, paragraph 1, contains the tax deduction for investments in Spanish productions, which is set at 20% for the first EUR 1 million and 18% for the remaining costs. In addition, Article 36, paragraph 2, of the new act establishes a deduction of 15% of the direct costs incurred in Spanish...