New rules for TV, radio and video sharing platforms

Automatic summary, not yet reviewed

1. The law regulates all audiovisual services, including new ones: on-demand TV and video sharing platforms, such as social networks that offer videos. The rules depend on how much control each provider has over the content, not on the technology used.
2. To broadcast TV, providers only need to notify the audiovisual authority in advance, except when using terrestrial airwaves (the signal received through an antenna). In that case a license awarded through a public tender is required, valid for fifteen years and renewable.
3. Video sharing platforms must protect minors and the general public from harmful content: age verification, parental controls, systems to report inappropriate content, and a ban on using minors' data for commercial purposes.
4. Content creators of special relevance (influencers) are treated as audiovisual service providers if they earn significant income, have editorial responsibility, and reach a significant part of the public. They must register in the state registry and follow the rules on minor protection and advertising.
5. TV services must protect minors: age ratings visible on screen, a ban on gratuitous violence and pornography on free-to-air TV, and time limits for content not suitable for those under eighteen, which can only air between 10:00 p.m. and 6:00 a.m.
6. Accessibility for people with disabilities is strengthened: minimum amounts of subtitled, sign language and audio described programs, with higher requirements for public television. Emergency information must also be broadcast in an accessible way.
7. TV services and platforms must reserve part of their programming or catalog for European works: at least 51% of airtime on linear TV and 30% of the catalog for on-demand services. They must also finance European works in advance, with exemptions for small businesses.
8. The law sets a sanction system with fines scaled to the offender's income, from €10,000 up to 3% of income, capped at €1,500,000 for very serious offenses. The National Commission on Markets and Competition (Comisión Nacional de los Mercados y la Competencia) supervises and sanctions much of the sector.

Who it affects

• TV and radio broadcasters, public and private: They must notify the start of their activity or obtain a license, and meet European works quotas, accessibility rules and advertising limits.
• Video platforms and social networks with videos: They must register in the state registry and protect minors and users from harmful content.
• Content creators and influencers: If they have special relevance, they must meet audiovisual provider obligations and register in the state registry.
• People with disabilities: They get more subtitled, sign language and audio described programs, and emergency information in accessible formats.
• Families and minors: More protection: age ratings, parental controls, time limits and restrictions on advertising aimed at minors.

Words worth knowing

Ondas hertzianas terrestres

TV or radio signal received through an antenna, without cable or internet. Its use is limited, which is why a license is required.

Comunicación previa

Official notice given before starting to broadcast. No prior permission is needed, only filing the notice.

Responsabilidad editorial

Effective control over which programs are chosen and how they are organized. Whoever holds it is accountable for the content.

Servicio de intercambio de vídeos a través de plataforma

A service where users upload and share videos, like a video social network, and the platform organizes them with algorithms.

Usuario de especial relevancia

A content creator (influencer) who earns money from their videos, is editorially responsible for them, and reaches a significant part of the public.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries