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IRIS 2007-10:1/17 [ES] Government Approves an Order Regulating the Management of Digital Terrestrial TV Multiplexes

In July 2007, the Spanish Government approved a Ministerial Order to regulate certain aspects of the management of digital terrestrial TV multiplexes, and which creates and regulates a Registry of Service Information parameters for digital terrestrial TV broadcasts. Regarding the management of the digital terrestrial TV multiplexes, the Order establishes that the entities managing these multiplexes shall be registered at the Operators Registry of the Telecommunications Market Commission. These entities shall coordinate technical aspects of digital broadcasting, shall generate the Service Information...

IRIS 2007-10:1/16 [ES] Row Over Football TV Rights

Two companies that hold the football television rights of the Spanish Liga (League), MediaPro and Audiovisual Sport, are embroiled in a legal battle over who holds the rights to broadcast which games. Audiovisual Sport is jointly owned by the Catalan public broadcaster TV3 (20%) and the multimedia group Sogecable (80%), which in turn, is partly owned by PRISA (the main radio and press company in Spain), Telefónica and Vivendi/Canal Plus. Sogecable owns Digital +, the main digital pay-TV platform in Spain. Each week, Digital + broadcasts one match on its premium pay-TV channel “Canal Plus”, and...

IRIS 2007-9:1/3 Court of Justice of the European Communities: No Obligation to Pass On Traffic Data to Private Entities for Civil Court Proceedings Against Copyright Infringements

In her conclusions in case C-275/06, the Advocate General proposed that the Court of Justice of the European Communities (ECJ) should declare a Spanish law prohibiting the communication of traffic data to private entities, for civil court proceedings against copyright infringements, to be compatible with Community law. The complainant in the original case is Productores de Música de España (Promusicae), a not-for-profit association of producers and publishers of musical and audiovisual recordings. It had instigated court proceedings against Telefónica de España SAU (Telefónica) in order to obtain...

IRIS 2007-8:1/4 European Commission: Letter of Formal Notice to Spain for Non-Compliance with TV Advertising Rules

After monitoring Spanish television practices between May 2005 and July 2006 to verify compliance with the “Television without Frontiers” Directive, the European Commission found that Spanish television channels had frequently and on numerous occasions infringed the rules on advertising as contained in Articles 18(2) and 11(4) of the Directive. These infringements entailed that Spanish television advertisements often exceeded the 12 minutes per hour limit and failed to observe the 20-minute interval between advertising breaks. This situation was found to stem from the narrow interpretation retained...

IRIS 2007-7:1/17 [ES] Court Obliges TVE to Broadcast a Communiqué from a Journalist

In February 2007, the Spanish national public service broadcaster TVE had widely advertised a programme to be shown during its primetime: an interview conducted by journalist Jesús Quintero, who had a weekly show on TVE, with another journalist, José María García, formerly one of the most popular and controversial Spanish journalists who had been out of the spotlight for several years due to illness. The interview had already been recorded, and TVE used some clips from this in the advertising for the programme. However, shortly before the beginning of the programme, TVE decided not to broadcast...