The Government presents to a public audience the Preliminary Draft General Law on Audiovisual Communication

The Government today begins the public hearing period of the General Preliminary Draft Law (APL) on Audiovisual Communication, to which contributions can be made until December 3 through the website of the Ministry of Economic Affairs and Digital Transformation.

The future law will transpose into the legal system of our country Directive (EU) 2018/1808 of the European Parliament and of the Council, of 14 November 2018.

It will also allow the legislation to be updated to the reality of the market, in which new agents have emerged and where new audiovisual services have been developed driven by digital technologies. The current regulation establishes obligations almost only for open DTT.

New players in the audiovisual market will be subject to the same obligations, provided they are established in Spain, in application of the country of origin principle of Community regulations. There is an exception, in the case of the financing of European audiovisual works, which will affect service providers established outside Spanish territory, but who direct services to Spain.

The proposed rule explicitly establishes the general principles that should guide audiovisual communication, such as respect for human dignity; constitutional values; the prohibition of content inciting hatred; or respect for the image of women and people with disabilities.

In addition, it promotes self-regulation and co-regulation through the voluntary adoption of codes of conduct developed by audiovisual media service providers and video exchange platforms.

In the area of the protection of minors, the APL regulates the time slots of reinforced protection in open television and the early morning slot is established as the only one in which it is possible to broadcast gaming content or advertising, esotericism or paracience. In addition, all audiovisual service providers should provide parental control mechanisms or digital coding systems.

The text of the APL makes the quantitative limits of advertising in open and paid television more flexible, as established by the European directive. In addition, for the first time in Spain, the advertising of certain products – such as alcohol and tobacco – on video exchange platforms is limited, which must also offer users tools that allow them to report the existence of content that does not comply with the limitations.

Since audiovisual services are a means of integration and participation in social and cultural life, the preliminary draft extends the obligations of accessibility to pay television and video-on-demand services. As a novelty, the CNMC is designated as the sole point of complaint of non-compliance in that area.

Finally, the APL extends the obligation to finance European audiovisual works to providers that offer services in our country, even if they are not established in Spain. Support for the production of audiovisual works by independent producers is also strengthened.

Main news

Child protection

Strengthening the protection of minors against harmful content, whether in linear or on-demand television services or in user-generated video exchange services.

The audiovisual content referring to the game, esotericism or paracience can only be broadcast between 1:00 and 5:00 in the morning. This obligation applies to providers of open and paid linear television services.

Likewise, advertising of game, esotericism or paracience can only be broadcast in the same time slot mentioned, between 1:00 and 5:00 in the morning. This regulation affects providers of linear television services and those of services on request.

Co-responsibility in audiovisual service providers of all kinds is introduced by promoting a co-regulation mechanism for the description, rating and recommendation by age of content

Advertising

Greater flexibility in the quantitative limits in commercial communications in linear television services (open and paid) in accordance with the European Directive that transposes the Preliminary Draft. Thus, it goes from a limit of 12 minutes per hour to a maximum limit of 144 minutes between 6.00 in the morning and 18:00 hours, and to a maximum limit of 72 minutes between 18:00 and 24:00.

From a point of qualitative view, the current bans on alcohol and tobacco are extended to all audiovisual media service providers.

Accessibility

The Preliminary Draft Law proposes to extend the accessibility obligations of all providers. For this reason, specific accessibility obligations are introduced for pay-TV services and on-demand services, which until now have not been required.

Promotion of European work

Quota obligation

The providers of the linear television audiovisual communication service will reserve 51% of the broadcasting time for European audiovisual works.

50% of this percentage will be for official languages in Spain and, of this percentage, 10% will be reserved for works by independent producers. These two sub-quotas will not apply to those providers established in Spain but who direct their services exclusively to other EU Member States.

The providers of the television audiovisual communication service on request must reserve 30% of their catalogue to European works. 50% of that amount will also be for works in official languages in Spain. This sub-quota will not apply to those providers established in Spain but who direct their services exclusively to other EU member states.

Financial contribution to the promotion of European audiovisual works

This obligation applies to all providers of the television linear audiovisual communication service or at the request of a State or regional level and to providers of the television linear audiovisual communication service or at the request established in another Member State of the European Union who direct their services to Spain.

Providers with a turnover generated by their services in Spain of more than 50 million euros a year must allocate 5% of this income to the financing of European audiovisual works or to the contribution to the Film Protection Fund. Of this amount, a minimum of 70% must be used to finance audiovisual works