Post by account_disabled on Mar 11, 2024 19:14:25 GMT -8
The delay of more than a year and a half in the transposition of Directive on Communication Services, and a complaint from the European Commission before the Court of Justice of the EU for said delay, we finally have a new General Law on Communication (Law 13/2022, of July 13 - LGCA), with which it complies, also, with one of the actions of the Government's Recovery, Transformation and Resilience Plan, in the component “Spain, Hub of Europe”. The LGCA, heir to the aforementioned Directive, seeks update the regulation before the irruption of new agents, the diversification of formats and the fragmentation of the audience, creating new categories of services, equating some obligations between the different providers, modifying the financing regime of RTVE, paying special attention to the protection of users -especially minors- and guaranteeing cultural, linguistic and gender diversity, through the promotion -and financing- of European works. Its processing has not been easy and, as has always happened in this sector, combining the conflicting interests of traditional operators, new agents such as platforms, producers, the film community, user associations and, also, nationalist parties, has generated more of a controversy.
There are not a few voices crying out shadows in the new law. Without wanting to go over the whole standard, let's see some of the juiciest amendments to the new legal text. New subjects. While the law in force until now focused on DTT -especially open- the new law reaches not only open linear and pay television, but also streaming payment platforms, to the video sharing services across platforms and even to users of special relevance who use video sharing services through the platform (the so-called "influencers”). All of the above, provided that they are established in Spain according to the criteria of the LGCA, must be registered in the new State Registry of communication service providers. In this regard, it should be remembered that the standard is based on the country of origin principle, enshrined in the Directive, according to which a service provider will be under the jurisdiction of the Member State in which it is Phone Number List established. This means that the regulatory changes imposed by the LGCA on the platforms that provide services in streaming apply to those established in Spain but not to those that are not, as is the from Netflix, Amazon, HBO or Disney, unless they offer services specifically aimed at Spain -as it happens with all the previous ones- in which, and as an exception to the principle of country of origin, they will be applied some obligations which I will mention later.
Promotion of European Work. According to the issue fee, the obligation for communication service providers is maintained linear tv to reserve, of the annual broadcast time of its programming, at least: (i) the 51% to European works; of that percentage, at least 50% reserved for works in Spanish or in one of the official languages of the Autonomous Communities; and, as a novelty, of this , RTVE will reserve a minimum of 15% to works in any of the official languages of the Autonomous Communities, taking into account the population and reserving, at least, 10% for each; and (ii) 10% to European works by independent producers (50% produced in the last 5 years). In the communication service providers tv on demand must reserve at least one 30% of its to European works; half (15%) must be works in official languages in Spain and, of that , the 40% must be works in one of the of the Autonomous Communities, taking into account the population and reserving at least 10% for each of them. This last percentage of 40% and the previous one of 15% of RTVE, as well as all the fifth additional provision entitled "Promotion of the official languages of the Autonomous Communities” and that includes the creation of a fund to help dubbing and subtitling in co-official languages.
There are not a few voices crying out shadows in the new law. Without wanting to go over the whole standard, let's see some of the juiciest amendments to the new legal text. New subjects. While the law in force until now focused on DTT -especially open- the new law reaches not only open linear and pay television, but also streaming payment platforms, to the video sharing services across platforms and even to users of special relevance who use video sharing services through the platform (the so-called "influencers”). All of the above, provided that they are established in Spain according to the criteria of the LGCA, must be registered in the new State Registry of communication service providers. In this regard, it should be remembered that the standard is based on the country of origin principle, enshrined in the Directive, according to which a service provider will be under the jurisdiction of the Member State in which it is Phone Number List established. This means that the regulatory changes imposed by the LGCA on the platforms that provide services in streaming apply to those established in Spain but not to those that are not, as is the from Netflix, Amazon, HBO or Disney, unless they offer services specifically aimed at Spain -as it happens with all the previous ones- in which, and as an exception to the principle of country of origin, they will be applied some obligations which I will mention later.
Promotion of European Work. According to the issue fee, the obligation for communication service providers is maintained linear tv to reserve, of the annual broadcast time of its programming, at least: (i) the 51% to European works; of that percentage, at least 50% reserved for works in Spanish or in one of the official languages of the Autonomous Communities; and, as a novelty, of this , RTVE will reserve a minimum of 15% to works in any of the official languages of the Autonomous Communities, taking into account the population and reserving, at least, 10% for each; and (ii) 10% to European works by independent producers (50% produced in the last 5 years). In the communication service providers tv on demand must reserve at least one 30% of its to European works; half (15%) must be works in official languages in Spain and, of that , the 40% must be works in one of the of the Autonomous Communities, taking into account the population and reserving at least 10% for each of them. This last percentage of 40% and the previous one of 15% of RTVE, as well as all the fifth additional provision entitled "Promotion of the official languages of the Autonomous Communities” and that includes the creation of a fund to help dubbing and subtitling in co-official languages.