Spanish Audiovisual Law and Intellectual Property
ITEM 1. Division of Powers and the Composite State
Division of Powers
Spain is a social and democratic state under the rule of law. Power is divided among the Crown, the legislature (Parliament, Ombudsman, and Court of Auditors), the Executive (Government, Administration, and State Council), the judiciary, and the Constitutional Court.
The Crown
The King is the Head of State, a symbol of unity and permanence. The King arbitrates and moderates institutions, represents Spain internationally, and exercises functions conferred by the Constitution and laws. The King’s person is inviolable and not subject to liability.
The Legislature
Parliament consists of the Congress of Deputies and the Senate. They hold legislative and budgetary powers.
- Congress of Deputies: Approximately 350 members elected by universal suffrage.
- Senate: Represents the territories, with 4 senators per province (except Ceuta and Melilla, which elect 2 each).
The Ombudsman defends the rights in Title I of the Constitution, overseeing the Administration and reporting to Parliament.
The Court of Auditors audits state and public sector accounts, reporting directly to Parliament.
The Executive
The Government, led by the President, directs domestic and foreign policy, civil administration, and defense. It exercises executive and statutory authority. The Administration provides public services. The State Council advises the Government.
The Judiciary
Judges, magistrates, and prosecutors administer justice. The judiciary is structured hierarchically, with the Supreme Court at the apex.
Relationship between Legislative and Executive Powers
The legislative power can appoint the President and work with the Government, but the Executive can introduce bills and propose dissolving Parliament.
The Composite State
Spain’s structure integrates with international bodies: United Nations, Council of Europe, European Union. Within Spain, power is tiered: State, Autonomous Communities, Provinces, Municipalities.
European Union
The EU Parliament holds legislative power. The European Council has legislative and executive powers. The Commission is the executive body, and the Court of Justice oversees legal matters.
Autonomous Communities
These regions mirror the state’s power division but with unicameral legislatures.
Municipalities and Provinces
Municipalities are led by elected councilors and a mayor. Provinces are governed by deputies and a president.
Sources of Law
Legal precedence follows this order: Council of Europe, European Union, State, Autonomous Community, Municipality. The principles of application are competency, hierarchy, and time.
State Law
The Constitution is the supreme law. Changing it requires supermajorities in Parliament. Organic laws address fundamental rights and Statutes of Autonomy. Ordinary laws cover other matters.
ITEM 2. Freedom of Expression, Information, and their Limits
Fundamental Freedoms
Freedom of expression and information are crucial for democratic pluralism. They are limited by respect for other rights, such as honor, privacy, and the protection of minors. Prior censorship is prohibited.
Freedom of Information
Requires accuracy, except in “neutral reportage.” Newsworthiness is context-dependent, with public figures having less privacy protection than private individuals.
Freedom of Expression
Broader than freedom of information, protecting even expression of views against the Constitution (excluding violence). Accuracy and relevance are not required.
Rights to Privacy, Honor, and Image
These rights protect human dignity and are defined by the Constitutional Court. They are context-dependent and reflect societal values.
- Honor: Protects against mockery and humiliation.
- Privacy: Protects a reserved sphere of personal and family life. Truth is a mitigating factor in privacy violations.
- Image: Controls the use of one’s physical image and voice.
Protection extends to deceased individuals for up to 80 years after death.
Unlawful Interference and Legitimate Intrusions
Unlawful interference includes surveillance, disclosure of private information, unauthorized use of image or voice. Legitimate intrusions include authorized actions and images captured in public.
Legal Recourse and Criminal Law
Moral damages are presumed in cases of unlawful interference. Criminal law provides penalties for defamation (slander and libel), especially during elections or against state institutions.
Right to Access Public Information
Related to freedom of information, but with limitations to protect privacy. Public interest can override privacy concerns, especially regarding public institutions.
ITEM 3. Audiovisual Media Services and Pluralism
Audiovisual Media Services as Services of General Interest
Terrestrial radio and television were considered public services, with both public and private providers. Cable, satellite, and radio were liberalized.
Licensing
Licenses for terrestrial broadcasting are granted by state or regional authorities for 15 years, renewable. Non-profit entities can obtain licenses for non-commercial broadcasting.
Media Pluralism Rules
Licensees must be from the European Economic Area or have reciprocity agreements. Limits on ownership prevent excessive concentration of media power.
Public Service Media
Public providers must operate transparently, reflect social pluralism, and fulfill public service obligations. Funding must be used for public service purposes.
ITEM 4. State and Regional Audiovisual Councils and Administrative Penalties
Audiovisual Councils
Independent bodies (CEMA) oversee audiovisual media, ensuring compliance with the law, transparency, pluralism, and the public service mission of state media.
Administrative Penalty Regime
Providers are responsible for violations, classified as very serious, serious, and minor. Repeated offenses can lead to higher penalties, including license revocation.
Legal Guarantees
Administrative and judicial control mechanisms ensure accountability and protect rights.
ITEM 5. Movie Ratings, Exhibition, and Cinematographic Aid
Movie Rating
Films are rated to protect minors and consumers. Ratings range from “especially recommended for children” to “X” (prohibited for under 18s).
Exhibition
Showrooms must be registered. Recording films in theaters is prohibited. X-rated films have specific restrictions on access and advertising.
Cinematographic Aid
Financial aid supports various aspects of filmmaking, from script development to exhibition. Films promoting illegal activities or violating intellectual property rights are excluded.
Screen Quotas
These quotas promote the exhibition of Spanish and European films, especially those in original versions, animation, short films, and films with accessibility features.
ITEM 6. Intellectual Property and its Management
Scope of Intellectual Property
Moral rights: Inalienable rights of authors to control the disclosure and integrity of their works.
Economic rights: Rights to reproduce, distribute, adapt, and publicly communicate works.
Limits and Exceptions to Economic Rights
Specific exceptions allow for limited use of copyrighted works without authorization, such as quotations, reviews, and uses for educational or research purposes.
Duration of Rights
Copyright protection lasts for 70 years after the author’s death, after which works enter the public domain.
Audiovisual Works
Authors of audiovisual works include the director, screenwriter, and composer. Actors have performer’s rights.
Production Contract
This contract typically transfers exploitation rights to the producer in exchange for payment.
Protection of Intellectual Property
The Intellectual Property Registry provides proof of ownership. Civil and criminal actions protect against infringement.
Management of Rights
Authorized management entities (e.g., SGAE, CEDRO) collectively manage rights on behalf of authors and other right holders.