Radiography of the new General Law of Audiovisual Communication (and IV)

We conclude this x-ray of the new General Law of Audiovisual Communication by stopping at what will be the future State Council of Audiovisual Media (CEMA), an independent authority, supervisor and regulator of the activity of the media owned by the State or that are under its jurisdiction. Its functions include approving the catalog of events of general interest; ensure a competitive, transparent and reliable audiovisual market; arbitrate possible conflicts and establish sanctions that may arise from non-compliance with the law.

Years late, and significantly reduced the functions that the Government had initially planned, the new General Law of Audiovisual Communication (7/2010 of March 31) that came into force on May 1 has laid the foundations for what will be the future State Council of Audiovisual Media (CEMA) as an independent, supervisory and regulatory authority of the activity of the media owned by the State or that are under its jurisdiction.

The CEMA is presented as a regulatory body, hierarchically detached from the central State Administration, that generates a framework of independence both from the different political situations and from companies and business groups for the exercise of their activity. To guarantee its independence, the law provides the Council with its own assets 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 made up of a presidency, a vice-presidency and seven councils. Both the president and the councilors will be appointed by the Government by Royal Decree at the proposal of the Congress of Deputies, approved by a three-fifths majority among people of recognized competence in matters related to the audiovisual sector.

The text provides that the directors “will be chosen from among people with recognized competence in matters related to the audiovisual sector in all its aspects.” The mandate of the members of the Management Committee will have a duration of six years, and may be renewed for the same period.

executive committee

The law establishes within the CMA the creation of an executive committee headed by the president of the State Audiovisual Media Council. The Secretary of the Management Committee will also be part of it without the right to vote.
The members will be appointed to represent state-level audiovisual communication service providers and defense associations for users of audiovisual communication services, with accredited representation at state level.

It will be convened at least twice a year in order to be periodically informed by the Management Committee of the actions carried out by it.

CEMA functions

The State Council of Audiovisual Media is presented as an authority, somewhat 'decaffeinated' in the opinion of some and too interfering in that of others, with powers comparable to the authorities of countries in our European environment although without jurisdiction in matters of granting licenses.

Among the functions that the General Law of Audiovisual Communication reserves for the State Council of Audiovisual Media, it stands out to adopt 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 approving the catalog of events of general interest to society, receiving the mandatory communications of the start of activity (keeping the state registry of providers up to date) and informing the specifications of the competitions for granting licenses, deciding on the renewal of the same and authorizing the celebration of legal business on them.

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

From a technological point of view, it will also be the responsibility of the CMA to evaluate the effects of the introduction of new technologies or platforms, establishing if necessary possible modifications in the definition and expansion of the public service assignment.

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

Finally, it will advise the Cortes Generales, the Government and the relevant regulatory bodies on matters related to the audiovisual sector.

Sanctions

The new State Council of Audiovisual Media is emerging from its constitution as a body with sanctioning power.

The General Law of Audiovisual Communication establishes three levels of sanctions depending on whether they are very serious, serious or minor. Very serious infractions will be punished with a fine of 500,001 to 1,000,000 euros for television audiovisual communication services and 100,001 to 500,000 for radio services.

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

It is striking that, when it comes to sanctioning, the figure of the judge is dispensed with in a matter as delicate as content that could border on "hatred, contempt or discrimination based on birth, race, sex, religion, nationality, opinion or any other personal or social circumstance."

The new law only mentions that, like all administrative provisions, it would be possible to appeal possible sanctions through contentious-administrative channels.

Access to X-ray of the new General Law of Audiovisual Communication (III)

Access to X-ray of the new General Law of Audiovisual Communication (II)

Access to X-ray of the new General Law of Audiovisual Communication (I)

The Audiovisual Law, in depth on June 1

On June 1, the Business Development Institute with the support of Panorama Audiovisual will organize a conference at the Westin Palace Hotel in Madrid in which the new General Law of Audiovisual Communication will be analyzed, outlining the legal framework for the provision of audiovisual services, the impact of this regulation on content, the protection of minors and advertising, and the challenges and opportunities that it will also entail, 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 (Antena 3 Group), Carlos Ergueta (Sogecable) and José Antonio Ortega (Pricewaterhousecoopers) are some of the speakers who will participate in this day.

More information here.