Radiografía a la nueva Ley General de la Comunicación Audiovisual (y IV)

We conclude this radiography to the new General Law of Audiovisual Communication by stopping in what will be the future State Council of Audiovisual Media (CEMA), an independent, supervisor and regulatory authority of the activity of the media ownership of the State or that are under its competence. Among its functions include passing the catalog of events of general interest; ensure a competitive, transparent and reliable audiovisual market; arbitrate in possible conflicts and establish the sanctions that could be derived from the breach of the law.

With years of delay, and notably reduced the functions that the Government had initially planned, the new General Law of Audiovisual Communication (7/2010 of March 31) that entered into force on May 1 has placed the foundations of what will be the future State Council of Audiovisual Media (CEMA) as an independent, supervisor and regulatory authority of the activity of the media of the State or that they are under their competence.

The CEMA is raised as a regulatory body, hierarchically disconnected from the central administration of the State, which generates a framework of independence from both the different political situation and of companies and business groups for the exercise of their activity. To guarantee its independence, the Law provides the Council of Heritage and the corresponding financial autonomy, based on financing through fees, whose management and collection in a voluntary period will correspond to the State Council of Audiovisual Media itself.

Structure

The CEMA will be composed of a presidency, a vice presidency and seven councils. Both the president and the counselors will be appointed by the Government through Royal Decree at the proposal of the Congress of Deputies, approved by the majority of three fifths among people of recognized competence in matters related to the audiovisual sector.

The text provides that the directors "will be elected among people of recognized competence in matters related to the audiovisual sector in all their aspects." The mandate of the members of the Management Committee will last six years, being able to be renewed for the same period.

Executive Committee

La ley establece en el seno del CMA la creación de un comité ejecutivo encabezado por el presidente del Consejo Estatal de Medios Audiovisuales. Formará también parte del mismo el Secretario del Comité de Dirección sin derecho a voto.
Los miembros serán designados en representación de los prestadores del servicio de comunicación audiovisual de ámbito estatal y de asociaciones de defensa de los usuarios de los servicios de comunicación audiovisual, con representación acreditada en ámbito estatal.

Será convocado al menos dos veces al año al objeto de ser informado periódicamente por el Comité de Dirección de las actuaciones por él desarrolladas.

Funciones del CEMA

The State Audiovisual Media Council is raised as an authority, somewhat ‘decaffeinated’ in the opinion of some and too interferent in that of others, with competences comparable to the authorities of countries of our European environment although without competence in terms of granting licenses.

Among the functions that the General Law of Audiovisual Communication reserve for the State Council of Audiovisual Media, it emphasizes the appropriate measures that guarantee the full effectiveness of the rights and obligations established in the text of the law.

The CEMA will also be in charge of approved the catalog of events of general interest for society, receive the preceptive activity start communications (up to date the state record of providers) and inform the specifications of the contests for the granting of licenses, decide on their renewal and authorize the celebration of legal businesses on them.

On the other hand, the CMA must monitor for the maintenance of a competitive, transparent and reliable audiovisual market in the audience measurement systems, and plural as well as for the fulfillment of the service mission of the providers of the public audiovisual communication service and the adequacy of the public resources assigned for it. In issues related to competition, the birth of the CMA will relieve attributions to the Telecommunications Market Commission in this field.

From the technological point of view, it will also be the competence of the CMA to evaluate the effects of the introduction of new technologies or platforms, establishing whether the possible modifications in the definition and expansion of the public service entrustment are necessary.

In the event that conflicts between providers, producers, content suppliers, channel holders or audiovisual communication service providers may arise, the Council may mediate and arbitrate as long as the parties involved agree.

Finally, he will advise the General Courts, the Government and the relevant regulatory bodies in matters related to the audiovisual sector.

Sanctions

The new State Audiovisual Media Council is emerging from the Constitution as an organ with sanctioning power.

The General Audiovisual Communication Law establishes three levels of sanctions as they are very serious, serious or mild. Very serious infractions will be sanctioned with a fine of 500,001 to 1,000,000 euros for television audiovisual communication services and 100.001 to 500,000 for radio.

Serious infractions will be punishable by 100,001 to 500,000 euros for television audiovisual communication services and 50,001 to 100,000 for radio. Milds are marked with fines of up to 100,000 euros for television communication and up to 50,000 for radio.

It is striking that, when it comes to sanctioning, it is dispensed with the figure of the judge in a subject as delicate as the contents that could brush "hate, contempt or discrimination for birth, race, sex, religion, nationality, opinion or any other personal or social circumstance."

The new law mentions only that, like all administrative provisions, there would be a possibility of resorting to possible sanctions by contentious-administrative route.

Access a Radiography to the new General Law of Audiovisual Communication (III)

Access a Radiography to the new General Law of Audiovisual Communication (II)

Access a Radiography to the new General Law of Audiovisual Communication (I)

The Audiovisual Law, thoroughly on June 1

On June 1, the Institute of Business Development with the Support of Audiovisual Panorama organizes at the Westin Palace Hotel in Madrid a day in which the new General Law of Audiovisual Communication will be analyzed by drawing the legal framework for the provision of audiovisual services, the impact of these regulations on the contents, the protection of the minor and advertising, and the challenges and opportunities that will also mean, among many other issues.

Fernando Castillo (Ministry of Industry, Tourism and Commerce), Raúl Rubio (Landwell-PricewaterhouseCoopers), Lola Molina (TVE), Esperanza Martín (LASEXTA), Ignacio Fernández-Vega (Telefónica de España), Alfonso Sánchez Izquiero (CRTVG-Forta), Eduardo García Matilla (multimedia corporation), José Miguel García-Gasco (Grupo Antena 3) (Sogecable) and José Antonio Ortega (PricewaterhouseCoopers) are some of the speakers who will participate in this day.

More information here.