Search results : 340

A recent decision of the Tribunal Supremo, sala de lo penal (Spanish Supreme Court - TS), through its criminal division, on a child pornography issue (Judgement STS 19327/2008, dated 9 May of this year), created considerable debate as regards the implications for P2P use and the potential conflict with both privacy protection and telecoms secrecy and inviolability. Essentially, the TS concluded that upon connection to a P2P network, in this case Emule, an implicit consent is provided by the user, known and accepted by said user, which overrides the secrecy of communications, meaning that data provided...

On 6 May 2008, the Commission sent Spain a reasoned opinion for failing to comply with European advertising rules. The move constitutes the second and final stage in the infringement procedure initiated in July 2007, before the case is referred to the European Court of Justice. According to Article 18(1) of the Audiovisual Media Services Directive (former article 18(2) of the old Television without Frontiers Directive), “the proportion of television advertising spots and teleshopping spots within a given clock hour shall not exceed 20%”, i.e. 12 minutes per hour. The Commission takes the term “advertising...

On 28 December 2007, the Spanish Parliament finally approved the Ley 55/2007 de 28 de diciembre, del Cine (Cinema Act). After many discussions and negotiations, this controversial act has been passed by general consensus, including five of the six amendments introduced by the Senate. The final text includes most of the changes that were introduced in the proposed law. The most controversial amendment requires that, in order to be considered a Spanish production, 75% of a film’s cast must be either Spanish or from another EU member state, and that, in any case, the director must be Spanish or European....

On 29 January 2008, the Grand Chamber of the Court of Justice issued its judgment in case C-275/06, Productores de Música de España (Promusicae) v. Telefónica de España SAU (Telefónica). Promusicae is a non-profit-making organisation of producers and publishers of musical and audiovisual recordings. It asked the Spanish Juzgado de lo Mercantil No. 5 de Madrid (Commercial Court No 5, Madrid) for Telefónica to be ordered to disclose the identities and physical addresses of certain persons whom it provided with Internet access services. According to Promusicae, those persons used the peer-to-peer...

On 1 June 2007, the Spanish Government approved the definitive draft of the Bill on General Audiovisual Law (known as the “Law on Cinema”). After extensive negotiations and discussions with industry players, the following outlines some of the final changes introduced in the final text: - as regards investments of TV channels: the amount that private television channels must invest in the production of European films is 5% of their gross income (not of their profits). Following much criticism, the Government has chosen not to increase the percentage to 6%, as originally planned; - concerning the...