Study on Audiovisual Media Service Directive. Compliance assessment of the transposition of Directive (EU) 2018/1808 amending the Audiovisual Media Services Directive. Technical report.

Abstract

Content. 1) Transposition context. Spanish National legal framework The general framework of Spanish audiovisual Law has changed a lot in the last 13 years. Not only as a consequence of the implementation of the successive Audiovisual Directives, but also due to the liberalisation of telecommunications initiated in the 1990s, the analog switch-off in 2010, as well as the change in the financing model of the state-owned public television (CRTVE). The main "audiovisual" laws, considering television and other on-demand services, are as follows: 1) For the public television networks there are specific rules in Law 17/2006, dated June 5th, on State-owned radio and television and in the subsequent Law on the financing of RTVE called Law 8/2009, dated August 28th, on the financing of the Corporación de Radio y Televisión Española (CRTVE). 2) For the public and private television undertakings, the general framework is the LGCA (Law13/2022, of July 7, General of Audiovisual Communication) , which transposes the Directive which is subject to assessment in this report. Furthermore , the laws on advertising, electoral regime, protection of minors, among others, which are listed below, are also applicable: - Law 34/1988, of November 11, 1988, General Advertising Law. - Organic Law 5/1985, of June 19, 1985, on the General Electoral System. - Organic Law 1/1996, of January 15, 1996, on the Legal Protection of Minors, partially amending the Civil Code and the Civil Procedure Law. - Law 29/2005, of December 29, 2005, on Institutional Advertising and Communication.

For the audiovisual production sector, Law 55/2007, of December 28, 2007, on Cinema is also important given that television stations also have production companies and invest by Law in European and Spanish cinema as well as the previous rule of 2015 regulating the advance investment in cinema: Royal Decree 988/2015, of October 30, which regulates the legal regime of the obligation of advance financing of certain European audiovisual works.

2) Compliance assessment of the transposition of Directive (EU) 2018/1808 amending the Audiovisual Media Services Directive. Annex. Semi-structured interview questionnaire –

3) Horizontal analysis

4) Interviews