New audiovisual law, better late than never. Some keys
The lgca, heir to the aforementioned directive, seeks update the audiovisual regulation before the irruption of new agents, the diversification of audiovisual 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, audiovisual 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 audiovisual law in force until now Italy Telegram Number Datafocused 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 audiovisual communication service providers. In this regard, it should be remembered that the audiovisual 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 established.
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This means that the regulatory changes imposed by the lgca on the platforms that provide audiovisual services in streaming apply to those established in spain but not to those that are not, as is the caso from netflix, amazon, hbo or disney, unless they offer services specifically aimed at spain -as it happens with all the previous ones- in which caso, 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 audiovisual communication service providers is maintained linear tv to reserve, of the annual broadcast time of its programming, at least: (I) the 51% to european audiovisual 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 subquota, rtve will reserve a minimum of 15% to audiovisual works in any of the official languages of the autonomous communities, taking into account the population and reserving, at least works by independent producers (50% produced in the last.
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