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IRIS 2023-1:1/16 European Court of Human Rights: Mas Gavarró v. Spain 

In a decision of 18 October 2022, the European Court of Human Rights (ECtHR) saw no reason to consider a violation of the right to privacy and reputation based on Article 8 of the European Convention on Human Rights (ECHR). It declared an application by Artur Mas Gavarró, the former President of the Government of the Autonomous Community of Catalonia, manifestly ill-founded after the Spanish courts had dismissed Mr. Gavarró’s complaint against the newspaper El Mundo for alleged criminal defamation. The ECtHR confirmed that, in order to be in accordance with the right to freedom...

IRIS 2022-10:1/4 [ES] Provisional measures on advertising during the broadcasting in Spain of the 2022 FIFA World Cup

Two weeks before the start of the 2022 FIFA World Cup in Qatar, the Spanish Comisión Nacional de los Mercados y la Competencia (National Markets and Competition Commission — CNMC) has adopted provisional measures on the contracting of advertising for the coverage of the tournament in Spain. Until the body adopts a final resolution, the provisional measures establish that the public service broadcaster RTVE will not be able to include advertising during World Cup broadcasts with advertisers other than FIFA’s sponsors. Regarding the broadcasting rights, RTVE reached an agreement...

IRIS 2022-10:1/15 European Court of Human Rights: Jorge López v. Spain

The European Court of Human Rights (ECtHR) has found inadmissible the complaint of a Spanish rapper who had been convicted and sentenced to prison because some of his songs justified or publicly praised terrorism. The ECtHR agreed with the findings of the Spanish courts that the songs and videos available on YouTube and Facebook justified and glorified terrorism, and incited hatred and enmity on various grounds. Therefore, the ECtHR found the rapper's complaint regarding the alleged violation of his right to freedom of expression as guaranteed under Article 10 of the European Convention...

IRIS 2022-8:1/5 [ES] New General Law on Audiovisual Communication followed by public consultations

Following the approval of the new General Law on Audiovisual Communication in the Spanish Congress in May 2022 (see IRIS 2022-6/1), it was passed without changes by the Senate and published in the Boletín Oficial del Estado (Offical State Gazette — BOE) on 8 July 2022. This milestone culminates the transposition of the Audiovisual Media Services Directive (AVMSD) into national legislation. The new law aims at adopting an updated legal framework, reflecting market developments and striking a balance between access to content, user protection and competition between providers in the...

IRIS 2022-8:1/6 [ES] Ruling against Spanish Football League piracy

The National Professional Football League and the pay-TV service Movistar Plus+ have won a lawsuit filed by both entities to prevent the piracy of content from the National League Championship, known as LaLiga, managed by the former organism. Telefónica, the telecom company that owns Movistar Plus+, has shared part of the ruling of Barcelona’s Commercial Court No. 9 of 25 July 2022, which empowers the operator to block websites that facilitate piracy. This court decision came into force a few days before the start of the championship, whose first match day took place on 12 August;...