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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...

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...

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;...

In May 2022, almost four years after the European Parliament updated Directive 2018/18018 (AVMSD), the Spanish Congress has approved the new law transposing the AVMSD. This was not without controversy, with 130 votes in favour, 83 votes against and 131 abstentions. The law will now be sent to the Senate to complete its parliamentary processing. This new Ley General de Comunicación Audiovisual (General Law on Audiovisual Communication) updates the existing framework to foster the development of the audiovisual market, establishing the same rules for different actors that compete for the...

In September 2021, the Comisión Nacional de los Mercados y la Competencia (National Markets and Competition Commission — CNMC), the body that promotes and ensures the proper operation of all markets, issued three reports analysing the conditions proposed by the National Professional Football League (LNFP) for selling the broadcasting rights of the Campeonato Nacional de Liga de Primera División, known as La Liga, both in Spain and in international markets. In the case of Spain, the providers Movistar and DAZN have the broadcasting rights for this world renowned championship for...