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IRIS 2002-4:1/19 [ES] Bill on E-Commerce

In February 2002, the Spanish Government presented a Bill on Information Society Services and E-Commerce. The main goal of this Bill is to implement into Spanish Law EC Directive 2000/31 ("Directive on electronic commerce"). This Bill includes definitions of Information Society Services and of the place of establishment of operators. It also deals with transparency obligations for operators; transparency requirements for commercial communications; the conclusion and validity of electronic contracts; liability of Internet intermediaries ("caching", "hosting"); on-line dispute settlement and the...

IRIS 2002-3:1/14 [ES] New Legal Definition of Role of Public Service Broadcaster RTVE

In Spain, the national public service broadcaster is the Ente Público Radio Televisión Española (RTVE). The formal entrustment of its public service mission was made by means of Act 4/1980 on the Statute of Radio and Television. However, this Act did not provide a clear definition of the public service remit of RTVE. Now, the Spanish Parliament has amended the Statute of Radio and Television, with the aim of defining the extent of the public service. According to the new version of article 5 of the Statute of Radio and Television: - RTVE shall produce and broadcast several radio and television...

IRIS 2002-2:1/12 [ES] Regulation of Catalan Audiovisual Council on Fulfillment of TV Quotas

In October 2001, the Catalan audiovisual regulatory authority, the Consell de l'Audiovisual de Catalunya (Catalonian Audiovisual Council, "CAC"), issued a Regulation establishing a procedure with the aim of verifying whether Catalan broadcasters comply with the quotas on European and independent audiovisual works established by articles 5, 6 and 7 of Act 25/1994 on the incorporation of the EC "Television without Frontiers" Directive into Spanish Law. These articles of Act 25/1994 oblige broadcasters to reserve a majority of their transmission time for European works, as well as at least 10% for...

IRIS 2002-2:1/11 [ES] Ministry Issues Guidelines on TV Advertising Regulation

The Spanish regulation relating to television advertising can be found in Chapter III of Act 25/1994 on the incorporation into Spanish law of the EC "Television without Frontiers" Directive. In 2001, the European Commission initiated infringement proceedings against Spain for its poor application of the provisions of Directive 89/552/EEC dealing with television advertising (see IRIS 2001-4: 3). The national authority in charge of applying those provisions, the Ministerio de Ciencia y Tecnología (Ministry for Science and Technology), considered that in order to enforce them properly, it was necessary...

IRIS 2002-2:1/10 [ES] Decree on Creation of Regional Public Television Channel in Castilla-La Mancha

In December 2001, the Spanish Government approved a Decree authorising the Government of the Autonomous Community of Castilla-La Mancha to operate a regional analog terrestrial television channel (see IRIS 2000-9: 8). According to this Decree and to Act 46/1983 (the "Third TV Channel Act"), only a company wholly owned by the regional public authorities may operate this channel. The Decree also stresses that the creation of this new regional public television channel has to be made in accordance with the 1998 National Technical Plan on Digital Terrestrial Television (DTTV), which fixes a deadline...