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In her regular report to the OSCE Permanent Council on 21 June 2012 the themes highlighted by OSCE Representative on Freedom of the Media Dunja Mijatović were Internet regulation and journalists’ safety. The report covers the period from 29 March to 21 June 2012. “A global struggle for control of the Internet is under way,” Mijatović told the council, which is the governing body of the organization. “There are competing views about rights, freedoms, security and regulations online. The discussions of freedoms and rights and the discussions around security often appear to be running on parallel...

On 24 August 2012, the Spanish government decided to relax the conditions imposed by the Spanish Comisión Nacional de la Competencia (National Competition Commission - CNC) for the acquisition of La Sexta by Antena 3. Exceptionally, the Spanish government may authorise economic concentrations on general interest grounds notwithstanding the negative opinion of the CNC. On 15 March 2012 Antena 3 had notified to the CNC the purchase of 100% of La Sexta’s share capital. On 14 March 2012 this concentration operation had been sent back to Spain by the European Commission for analysis by the CNC. According...

On 1 August 2012, an amendment to the Audiovisual Act 7/2010 was adopted by the Spanish parliament, introducing a new legal framework for regional public service broadcasters, which aims at allowing regional public service broadcasters greater flexibility in the provision of their audiovisual media services. It also modifies the regulation of protection of minors. According to this amendment, the Autonomous Communities may opt for direct or indirect management of their public service broadcasters through various models including public-private partnership. If an Autonomous Community chooses not...

On 22 June 2012 the Spanish Supreme Court issued a ruling in favor of EGEDA, a collecting society managing the intellectual property rights of audiovisual producers. EGEDA filed a lawsuit against the company Freephone Axarquia, and its sole administrator, for not paying the amounts corresponding to the private copying levy. The judgment of the Supreme Court recalls that fair compensation for private copying, contained in the EU Directive 2001/29/CE, is an autonomous concept of European Union law which must be interpreted uniformly in all the member states that have established a private copying...

On 21 June 2012, in a reasoned opinion, the European Commission asked Spain to stop the restrictions on the distribution of non-Spanish movies. The Commission considers that the Catalan law on Cinema (see IRIS 2009-5/21 and IRIS 2011-10/14) is incompatible with Articles 56 of the Treaty on the Functioning of the European Union (rules on the free movement of services). In application of Article 18 of the Catalan law, films distributed in Catalonia must be distributed with a Catalan version (either dubbed or sub-titled). Only Spanish movies delivered in Castilian are exempted from this obligation....