Sanctioning regime

The sanctioning regime on audiovisual communication services is established in Title VI of Law 7/2010, of March 31, General of Audiovisual Communication. After the approval of Law 3/2013, of 4 June, establishing the National Commission on Markets and Competition, it was established that this body would exercise the power of inspection and sanction in accordance with the provisions of Title VI of Law 7/2010 of 31 March (article 29 of Law 3/2013).

Typification of infringements.

Law 7/2010, of March 31, typifies the infractions in three categories: very serious, serious and slight.

Very serious.

Fine of 500.001 up to 1.000.000 € for television services, and 100.001 to 200.000 for radio, electronic communication and catalogue services:

  1. The issuance of commercial communications that violate human dignity or use the image of women in a humiliating or discriminatory manner.
  2. The broadcasting of content that manifestly promotes hatred, contempt or discrimination based on birth, race, sex, religion, nationality, opinion or any other personal or social circumstance.
  3. Non-fulfilment by more than ten per cent of the duties to reserve the percentage of annual broadcasting time allocated to European works and pre-financing of the European production of cinematographic films, films and television series, as well as documentaries and animated films and series, laid down in Article 5(2) and (3).
  4. The dissemination of the name, image or other data that allow the identification of minors in the context of criminal acts or in broadcasts that discuss their guardianship or filiation.
  5. The commission twice in one day and in the same audiovisual communication channel of the serious infringement provided for in Article 58.6.
  6. The provision of the audiovisual communication service without having the corresponding license or without having fulfilled the duty of prior communication.
  7. The unauthorized alteration of any of the technical emission parameters defined in the concession of exclusive use of the radio spectrum referred to in article 24.2 of this Law, as well as of the characteristics included in the technical project that has been approved by the State Radio Agency for the implementation of the emissions.
  8. The provision of the audiovisual communication service based on a previous communication is ineffective, as it is involved in any of the cases provided for in article 23.2.
  9. The provision of the audiovisual communication service based on a request whose owner is in any of the circumstances provided for in Article 26.
  10. Failure to comply with the essential conditions of the license provided for in article 24 of this Law, three times in six months.
  11. Failure to comply with the duty of registration in the Registry provided for in this Law or the provision thereof of false data.
  12. The conclusion of legal business of transmission or lease of the license to provide the service, without fulfilling the requirements required in article 29.
  13. Failure to comply with the resolutions issued by the competent audiovisual authority to restore pluralism in the audiovisual market, in application of the provisions contained in articles 4, 36 and 37 of this Law.
  14. The accumulation of four serious infractions in the same natural year.

Graves.

Fine of 100.001 to 500,000 € for television services, and 50.001 to 100,000 for radio, electronic communication and catalogue services:

  1. Failure to comply with the duty of full identification provided for in article 6.1.

  2. The violation for more than three days in a period of ten consecutive days of the duty provided for in article 6.2 to make known in advance of three days and through an electronic guide the programming of the television channel.

  3. The violation of the prohibition, and where appropriate, of the conditions for the issuance of content harmful to minors, provided for in article 7.2.

  4. Non-compliance in a channel, for more than five days in a period of ten consecutive days, with the accessibility duties provided for in Article 8(2) and (3).

  5. Failure to comply with the instructions and decisions of the audiovisual authority.

  6. Failure to comply with the limit of time of emission per hour of clock dedicated to advertising and teleshopping, established in article 14.1, when it exceeds by twenty percent of what is permitted.

  7. Failure to comply with the other conditions established in this Law for the realization of the different forms of commercial communication provided for in articles 14, 15, 16 and 17 that are not included in the typification of the paragraph anterior.El failure to comply in the same commercial communication with two or more conditions of those provided in those articles will only result in a sanction. Likewise, failure to comply with one of the conditions provided for in the aforementioned articles may not also give rise to the sanction for covert commercial communication.

  8. The issuance of covert commercial communications, using subliminal techniques, which promote behaviors harmful to health in the terms established in Article 18(3), which promote behaviors harmful to the environment or to the safety of people, or which are of a political nature, except in cases of legal exception, or which incur the prohibitions established in the advertising regulations.

  9. Failure to comply with the duty to allow the remaining providers, the issuance of a brief informative summary, in the terms and with the conditions established by Article 19 in its paragraph 3.

  10. Failure to comply with the obligations to issue openly and to sell the issue of events of general interest to the company laid down in Article 20(2) and (3), respectively.

  11. The refusal, resistance or obstruction that prevents, hinders or delays the exercise of inspection powers of the competent authority.

  12. Failure to comply with the codes of self-regulation of conduct referred to in article 12 of this Law.

  13. The accumulation of four minor infractions in the same natural year.

Leves.

A fine of up to €100,000 for television services, and up to 50,000 for radio, electronic communication and catalogue services.

  1. Failure to comply with the duty to comply with a request for information issued by the competent authority, as well as unjustifiably delaying its contribution when it is required under the provisions of this Law.

  2. Failure to comply with the other duties and obligations established in this Law, which are not classified as serious or very serious infractions.

  3. Failure to comply with the non-essential conditions of the license.

  4. Penalties for non-compliance.

  5. Data referring to the period 2005-2013 where the sanctions for non-compliance of the state providers of the audiovisual television communication service are collected (non-compliance according to the General Law of Audiovisual Communication, in force since May 1, 2010, and according to the previous regulations).

Sanctioning Files 2005-2013 [PDF] [56 KB]