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IRIS 2021-6:1/33 [ES] Audiovisual media service providers meet European film and series funding ratios for 2019

Law 7/2010 of 31 March 2010 on General Audiovisual Communication obliges audiovisual media services providers to earmark part of their revenue for the financing of European films and series in order to promote cultural and linguistic diversity. This provision stems from the Audiovisual Media Services Directive. The financing may take the form of a direct participation in the production or works or the acquisition of exploitation rights. The extent to which service providers must contribute varies depending on their type: public service broadcasters must invest 6% of their profits from the previous...

IRIS 2021-5:1/25 [ES] New agreement for the promotion of co-regulation concerning commercial communications on television

On 6 April 2021, the Spanish regulator Comisión Nacional de los Mercados y la Competencia (National Commission on Markets and Competition - CNMC), and the independent advertising self-regulatory organisation Asociación para la Autorregulación de la Comunicación Comercial (AUTOCONTROL) signed an agreement to promote the co-regulation of commercial communications on television.   AUTOCONTROL manages the Spanish system of self-regulation of commercial communication which helps to ensure the correct application and compliance with the General Act 7/2010 on Audiovisual...

IRIS 2021-4:1/20 [ES] Supreme Court finds that the Catalan PSB failed to comply with principles of news neutrality and pluralism during elections

On 22 February 2021, the Spanish Supreme Court had to rule on whether the actions of Corporació Catalana de Mitjans Audiovisuals (the Catalan public-service broadcaster - CCMA) infringed the principles of news neutrality and political pluralism during the election period for the general elections called on 28 April 2019. The CCMA appealed to the Supreme Court against two resolutions issued by the Junta Electoral Central (Central Electoral Board - JEC), which found an infringement of these two principles in the coverage given by the CCMA to a demonstration and the broadcasting of a documentary,...

IRIS 2021-4:1/3 [ES] A bullfighter’s performance is not copyrightable

The world of bullfighting in Spain has been subject to controversy again. This time, not due to the opposition of animal’s defense groups, but due to the Supreme Court’s ruling No. 497/2021 of 16 February 2021, which denies a bullfighter’s performance in a bullfight being considered as an original work and artistic creation. Spain is one of the 8 countries in which bullfighting is still protected under its Cultural Heritage Act 18/2013 of 12 November 2013 which, in its preamble, observes the artistic component of bullfighting, which is "an artistic manifestation in itself,...

IRIS 2021-3:1/3 [ES] National Commission for Markets and Competition sanctions Atresmedia and Mediaset

The national regulator CNMC (National Commission for Markets and Competition) sanctioned the companies Atresmedia and Mediaset for violations of the General Act on Audiovisual Communication (Ley General de Comunicación Audiovisual, LGCA). The former has been sanctioned for covert advertising and the latter for non-anticipated changes in its scheduled programming. With regard to the Atresmedia sanction, the applicable legislation defines covert advertising in Article 2.32 of LGCA as “the verbal or visual, direct or indirect, presentation of goods, services, name, brand, or activities...