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IRIS 2012-1:1/3 Court of Justice of the European Union: European Commission v Kingdom of Spain

On 22 July 2009 the European Commission submitted a request to the Court of Justice to declare Spain to be in violation of the Television without Frontiers Directive (Directive 89/552/EEC). The Commission argued that the Kingdom of Spain has failed to fulfill its obligation under Article 3(2) of the TWF Directive to ensure within the framework of its legislation that television broadcasters under their jurisdiction comply with the provisions of the Directive. The Commission referred in particular to the incorrect and overly narrow interpretation by the Spanish authorities of the concept of ‘advertising...

IRIS 2011-10:1/14 [ES] Controversies over the Catalan Cinema Law

A new Catalan Cinema Law was approved by the Catalonian Government on January 2010 and came into force on 7 July 2010 (see IRIS 2009-5/21) This new Cinema Law has been particularly controversial, as its main innovation is the obligation to dub and subtitle foreign movies into the Catalan language (a co-official language in the Autonomous Community of Catalonia alongside Spanish). By virtue of Article 18, when more than one copy of a dubbed or subtitled movie is released in Catalonia, distribution companies are obliged to distribute fifty per cent of the analogue copies in the Catalan version. The...

IRIS 2011-10:1/13 [ES] Spanish War over Football Broadcasting Rights

On 5 October 2011, the Commercial Court No. 7 in Barcelona ruled in favour of a Valencian regional television channel in a lawsuit filed against Mediapro, the company that owes Spanish football broadcasting rights, for breaching several contracts signed between the two parties. The decision states that Mediapro is responsible for the damages caused by its breach of contract. As a result, Televisión Valenciana (TVV) is entitled to compensation. Under the relevant contracts, TVV owned the right to broadcast, until the end of the 2010-2011 season, a football game for each date of the Liga, two Spanish...

IRIS 2011-8:1/25 [ES] RTVA adopts a Self-Regulation Code on the Reporting of Sexist Violence on Television

The Council of Professionals of Canal Sur Television and Canal Sur 2, both Andalusian public service broadcaster Radio y Televisión de Andalucía (RTVA) channels, have elaborated a code containing recommendations and guidelines on gender equality and the portrayal of sexist violence on television. These consist of a set of principles to be followed by professionals linked to the corporation and have been developed in broad consultation with experts in law, security and sociology, as well as with associations for gender equality and protection. By the end of June 2011 RTVA’s general manager, Pablo...

IRIS 2011-8:1/24 [ES] New Way of Calculation of Film Audiences in Spain

The Spanish Ministry of Culture has approved an Order, published in the Spanish Official Gazette on 28 June 2011, by virtue of which the procedure for the calculation of the audience attracted by a cinematographic film has been modified, directly affecting the system of calculation of economic aids extended to films based on tickets sold. Until this date, the aid based on the exploitation of a film took into account only the tickets sold in theatrical exhibition. But nowadays the theatre is not the only place in which the success of a film can be measured. The most significant changes introduced...