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What it is

Rules for TV and radio: rights, licenses and oversight

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 16 October 2009. Introduced by: Gobierno.

Official title: Government bill on the General Audiovisual Communication Act.

Source: Congreso de los Diputados, file 121/000045· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law recognizes public rights: receiving plural audiovisual communication, cultural and linguistic diversity, transparency about who broadcasts, protection of minors and accessibility for people with disabilities.
  2. TV broadcasters must reserve 51% of their annual airtime for European works (half of it in Spanish languages) and devote 5% of the previous year's revenue to financing European film and TV production; public broadcasters must devote 6%.
  3. Minors are protected: broadcasting content with pornography or gratuitous violence is banned on free-to-air TV, harmful content can only air between 10 p.m. and 6 a.m., and reinforced protection time slots are set. Every product must carry an age rating.
  4. People with hearing disabilities have the right to subtitles on 75% of programs and at least two hours a week of sign language; people with visual disabilities, at least two hours a week of audio description.
  5. Broadcasting only requires prior notification, but terrestrial broadcasting requires a license granted through a public tender. Licenses last 15 years and renew automatically if conditions are met.
  6. Market concentration is limited: no one may buy significant stakes in state-wide broadcasters whose combined audience exceeds 27%, or hold more than two multiplexes, while guaranteeing at least three private state-wide operators.
  7. The State Council for Audiovisual Media (CEMA) is created, an independent body that regulates and sanctions the sector. Its members are chosen by the Congress of Deputies (Congreso de los Diputados) by a three-fifths majority and it reports to the Cortes Generales.
  8. A sanctioning system is set with minor, serious and very serious offenses. The highest fines reach €1,000,000 for television and may come with license revocation or a broadcast shutdown.

Who it affects

  • Viewers and listeners: They gain rights to pluralism, transparency, protection of minors and accessibility, and can ask the authority to review content.
  • TV and radio broadcasters: They must meet European works quotas, finance European production, respect advertising limits and rate their content by age.
  • Advertisers and producers: Advertising, teleshopping, sponsorship and product placement are regulated, with bans and time limits.
  • People with visual or hearing disabilities: They have the right to subtitling, sign language and audio description on free-to-air broadcasts.
  • Public authorities: The State and the Autonomous Communities grant licenses, oversee the public service and take part in planning the radio spectrum.

Words worth knowing

Ondas hertzianas terrestres
Radio and TV broadcasting through antennas over the air, without cable or satellite.
Múltiplex
A digital signal that carries several TV and radio channels within a single frequency.
Comunicación previa
Prior notification given to the administration before starting to broadcast, without waiting for a permit.
Emplazamiento de producto
Product placement: a product or brand appearing inside a TV or radio program.
Obras europeas
Films, series and programs made mainly by authors and workers from European countries.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced16 October 2009Someone registers the text in the Congreso.
  2. Admitted20 October 2009The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 October 2009Groups propose changes.
  4. Committee25 November 2009A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate7 January 2010The Senate can pass it, amend it or veto it.
  7. BOE18 March 2010It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Oct 2009Nov 2009Dec 2009Jan 2010Feb 201011. 16 October 2009: Presentación22. 20 October 2009: Comisión Constitucional Publicación desde 20/10/2009 hasta 23/10/200933. 20 October 2009: Calificación44. 23 October 2009: Comisión Constitucional Enmiendas desde 23/10/2009 hasta 04/12/200955. 25 November 2009: Comisión Constitucional Mesa - Calificación desde 25/11/2009 hasta 25/11/200966. 25 November 2009: Comisión Constitucional Debate de totalidad desde 25/11/2009 hasta 03/12/200977. 4 December 2009: Comisión Constitucional Informe desde 04/12/2009 hasta 17/12/200988. 17 December 2009: Comisión Constitucional Aprobación con competencia legislativa plena desde 17/12/2009 hasta 07/01/201099. 7 January 2010: Senado desde 07/01/2010 hasta 10/03/20101010. 10 March 2010: Pleno Enmiendas o veto del Senado desde 10/03/2010 hasta 18/03/20101111. 18 March 2010: Concluido - (Aprobado con modificaciones) desde 18/03/2010 hasta 20/04/2010

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Law 7/2010, of 31 March, General Law on Audiovisual Communication.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.