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The right to privacy and the right to information are considered to be Fundamental Rights by the Spanish Constitution. The former is enshrined in Article 18(1) and the latter in Article 20(1)(d). However, each right limits the other and litigation will normally occur when a party claims the enforcement of one of these rights against another party claiming a defence based on the other right. In such a case, it is up to the court to find the correct balance between the two rights in question. The right to privacy is expanded upon by Ley Orgánica 1/1982 de 5 de mayo, de Protección Civil del Derecho...

In spring 2007, the Spanish Tribunal Supremo (Supreme Court) referred to the Court of Justice of the European Communities (ECJ) for a preliminary ruling a case involving an action brought by the Unión de Televisiones Comerciales Asociadas (Association of Spanish Commercial Televisions - UTECA) against Spanish national legislation implementing the EC Television without Frontiers (TwF) Directive. The legislation in question involves the Royal Decree 1652/2004 and the corresponding legislative provisions on which the decree is based, which require television operators to earmark 5% of their operating...

The Spanish Council of Ministers approved Real Decreto 2062/2008, de 12 de diciembre, por el que se desarrolla la Ley 55/2007, de 28 de diciembre (Royal Decree 2062/2008 of 12 December on Law 55/2007 of 28 December) a Regulation that elaborates on the current Cinema Law and which was published in the Spanish Official Gazette, number 10, on 12 January 2009. In a single document, the Royal Decree expands upon all of the aspects of the current Cinema Law, except for the creation of a section on audiovisual works in the Register of Personal Property, which will be dealt with by a separate law. The...

In its decision of 18 December 2008, the European Commission approved the third extension of direct state aid for the production of short films in the Autonomous Region of Madrid. As in the case of the previous decisions, this extension of the support scheme is valid for one year. The first application for approval for state aid for such productions was made by the Spanish authorities in 2005 and involves an annual budget of EUR 400,000. The legal basis for the support is, inter alia, the Law relating to grants in the Community of Madrid (Ley 2/95, de 8 marzo, de Subvenciones de la Comunidad de...

On 17 October 2008, the Spanish government approved an agreement formalising the criteria for the distribution of funding through credits amongst the Autonomous Communities, so as to finance the necessary activities for the completion of the first of the three phases established by the National Plan for the Transition to Digital Terrestrial Television. Consensus between the different levels of the administration had been reached in July in the Conferencia Sectorial de Telecomunicaciones y Sociedad de la Información (Telecommunications and Information Society Conference), in the form of a collaboration...