The Government approves the Audiovisual Law project

The new legal framework will regulate new technologies already present in the market such as paid DTT, mobile TV, high definition and interactivity. Likewise, it provides for the creation of the State Audiovisual Media Council, the possibility that operators can allocate part of what they are obliged to invest in cinema to television series and the automatic renewal of licenses or the prohibition of pornography.

At its meeting today, the Council of Ministers approved the draft General Law on Audiovisual Communication, which establishes a basic legal framework for the audiovisual sector, “a pending issue for democracy,” according to the Vice President of the Government, María Teresa Fernández de la Vega, who has also stated that this new framework will try to “establish rules of the game” in a sector greatly affected by the crisis but with “infinite possibilities for the future.” The prohibition of broadcasting pornography, the creation of the State Audiovisual Media Council, the possibility that operators can allocate part of what they are obliged to invest in cinema to television series and the automatic renewal of licenses, are some of the key points of this project.
La futura ley que ahora pasará al Congreso es en realidad una transposición de la Directiva Europea de Servicios de Comunicación Audiovisual de 2007, estableciendo un marco básico para la ordenación del mercado audiovisual. Además, regula algunas de las nuevas tecnologías que ya están tomando posiciones en el mercado audiovisual como la TDT de pago, la TV en movilidad, la alta definición y la interactividad.

La mitad del tiempo de emisión, a obras europeas

If the text is finally approved, state and regional television stations will be obliged to reserve 51% of the annual broadcast time of each channel or group of channels of the same provider for European works, excluding the time dedicated to information, sports events, games, advertising, teletext services and teleshopping. In turn, 50% of that quota is reserved for European works in any of the Spanish languages. Only 10% of that time will be reserved for producers independent of the service provider, while 5% must be works produced in the last five years.

The project also maintains the obligation to finance European production by contributing annually with 5% of the income accrued in the previous year corresponding to the channels on which these audiovisual products are broadcast with a history of less than seven years from their date of production, to the financing of the European production of cinematographic films, television films and, the novelty in this law: television series, as well as documentaries and animated products. Public channels must, however, allocate 6% to the European production of cinematographic films. At least 60% of this financing obligation must be dedicated to motion pictures. Of this amount, at least 50% must be applied to works by independent producers.

Licenses for fifteen years

One of the highlights of the Audiovisual Law project is the extension of the license granting period to fifteen years, currently ten, recognizing for the first time the possibility of renting or assigning the license under certain conditions. It also includes a request that has been demanded by private companies for years: automatic renewal if certain requirements are met, including being up to date with the payment of the fee on reservation of the public radio domain and that no other operator has requested, in the six months prior to its expiration, a similar license. Also as a right of license holders, it regulates conditional or paid access, limiting it to 50 percent of the channels granted to each license, guaranteeing an extensive free-to-air television offer. In addition, it regulates the inclusion of advertising content, in accordance with the criteria established by the Community Directive and the legal regime of audiovisual communication services and, especially, those that require a license or concession and prior administrative authorization.