State Registry

Regulations

Article 39 of Law 13/2022, of July 7, General of Audiovisual Communication, has created a new state-wide registry called State Registry of providers of the audiovisual communication service, of providers of the service of exchange of videos through platform and of providers of the service of aggregation of audiovisual communication services (hereinafter, State Registry), which expands the typology of providers forced to register with respect to the previous regulation, seeking to provide greater transparency to the audiovisual sector as a means of protection and defense of the right of users of these services, main public interest subject to protection.

Thus, the following types of providers are required to register:

  1. Providers of the television audiovisual communication service at the state level
  2. Providers of the radio audiovisual communication service at the state level
  3. Providers of the public audiovisual communication service at the state level
  4. Providers of the audio/visual communication service at the request of the state
  5. Providers of the aggregation service of audiovisual communication services at the state level
  6. Providers of the video exchange service through platform
  7. Users of special relevance of the services of exchange of videos through platform according to the provisions of article 94.2 of Law 13/2022, of July 7, which in turn establishes that: “For the purposes of this law, users who use the services of exchange of videos through platform and simultaneously meet the following requirements will be considered as users of special relevance.:
    1. The service provided entails an economic activity by which its owner obtains a significant income derived from its activity in the services of exchange of videos through platform;
    2. The user of special relevance is the editorial manager of the audiovisual content made available to the public in its service.
    3. The service provided is intended for a significant part of the general public and may have a clear impact on it.
    4. The function of the service is to inform, entertain or educate and the main objective of the service is the distribution of audiovisual content.
    5. The service is offered through electronic communications networks and is established in Spain in accordance with Article 3(2)”.

      In accordance with the provisions of the ninth final provision of Law 13/2022, of July 7, article 94 has entered into force with the approval of Royal Decree 444/2024, of April 30, which regulates the requirements for being considered a user of special relevance of the services of exchange of videos through platform, in development of article 94 of Law 13/2022, of July 7, General of Audiovisual Communication, (hereinafter, Royal Decree 444/2024, of April 30).

      In particular, the requirements of significant income and audience provided for in letters a) and c) of article 94.2 of Law 13/2022, of 7 July, which must be met simultaneously, are regulated in articles 3 and 4 of the aforementioned royal decree and are as follows:

      1. In accordance with the provisions of article 94.2.a) of Law 13/2022, of July 7, they will be considered significant income, the gross income earned in the previous calendar year, equal to or greater than 300,000 euros, derived exclusively from the activity of users in all the services of exchange of videos through platform that they employ.
      2. In accordance with the provisions of article 94.2.c) of Law 13/2022, of July 7, a service responsibility of a user is considered to be destined to a significant part of the general public and can have a clear impact on it when it meets, cumulatively, the following requirements:
        1. That the service reaches, at some point in the previous calendar year, a number of followers equal to or greater than 1,000,000 in a single video exchange service through platform; or a number of followers equal to or greater than 2,000,000, in aggregate, considering all the video exchange services through platform in which the user develops his activity.
        2. That, in the set of services of exchange of videos through platform in which the user develops his activity, a number of videos equal to or greater than 24 have been published or shared in the previous calendar year, regardless of their duration.

On the other hand, according to article 22 of Royal Decree 1138/2023, of December 19, the body responsible for the management of the State Registry will practice the first registration in the State Registry according to the following terms:

  1. In the case of audiovisual media service providers subject to the prior communication regime, once the prior communication has been carried out in accordance with the provisions of chapter I of title II of the aforementioned royal decree.
  2. In the case of audiovisual media service providers subject to the licensing regime, once the application for registration in the State Registry has been received, it must be submitted by the providers within one month of the granting, transmission or lease of the mandatory audiovisual license.
  3. In the case of providers of the aggregation service of audiovisual communication services, providers of the service of exchange of videos through platform and users of special relevance that use services of exchange of videos through platform, once received the application for registration in the State Registry, which must be submitted within a maximum period of one month from the beginning of the activity.

To make the application for registration, the providers will use the standard application submission models available in the computer application located in the associated electronic office of the Ministry for Digital Transformation and Public Service.

The registrations of the State Registry are public and the registered entries are freely accessible for consultation by anyone with the limits established in articles 14 and 15 of Law 19/2013, of 9 December, on transparency, access to public information and good governance, and Organic Law 3/2018, of 5 December, on Protection of Personal Data and guarantee of digital rights, through the following link.