The text is now published in the BOE with no changes to the controversial definition of independent producer
MADRID, June 22 (EUROPA PRESS) –
The Senate plenary gave the green light this Wednesdaywithout changes, to the project of General law of audiovisual communicationwhich was processed in an expedited procedure, this regulation is finally approved and comes into force with its publication in the State Gazette (BOE).
In this way, the majority of the Upper House approved the text that came from the Chamber of Deputies and has decided not to accept amendments from the proponent groups. The text has progressed thanks to the support of the PSOE and the PNV and the abstention of the PP, as was already the case in the comitology procedure. Instead, it has provoked rejection from ERC, VOX, Más Madrid, Junts per Cataluña, Geroa Bai and EH Bildu, who are very critical of the refusal to introduce changes in the Senate.
In her speech, the “popular” Senator Esther Basilia del Brío justified her group’s abstention “because the industry demands it”. “In the end, the sector prefers a bad, fast law rather than a vacuum. That’s the luck this government often has when it comes to getting their projects out. but The sector will have bad luck, the authors, the producers, the technicians, the screenwriters‘ he stressed.
The Speaker of the Basque Parliamentary Group, Luis Uribe-Etxebarría has declared his support for the bill, saying it is “significantly better” than the one that came out of the Council of Ministers Thanks to the agreement reached with the PNV, this was not enough for the ERC, which had also agreed with the Socialists on measures to protect the state’s official languages.
12 individual votes have been taken in the plenary of the Upper House since the bill’s opinion was adopted in the Economy and Digital Transformation Commission last week, without debating and voting on any of the 288 amendments tabled by political groups such as VOX , Junts per Cataluña , Compromís, Geroa Bai, Más País, MÉS per Mallorca, EH Bildu and ERC. The rejection of the proposed amendments, including those seeking to modify the controversial definition of independent production, has drawn criticism from numerous speakers.
The PSOE for its part justified his rejection of the more than 280 amendments by his spokeswoman on the matter, Olivia Delgado, who pointed out that “in no case is it about the use of a roller‘ and that they have ‘more than shown’ that they put ‘dialogue and consensus’ first to improve the laws, but in this case ‘the law as it is, a good law and the result of constant dialogue is”.
GENERAL PRINCIPLES OF LAW
The standard contains general principles that apply to the entire audiovisual sector: human dignity; the protection of users from content that violates the dignity of women; the obligation to convey a respectful and appreciative image of people with disabilities; promoting the existing linguistic pluralism in Spain; and the accuracy of the information. The law also promotes self-regulation and co-regulation in the audiovisual sector.
Regarding the protection of minors, the law requires all providers to provide information about content that may be harmful to them through age rating systems, and programs rated “not recommended for children under 18” must be between 10:00 p.m and 6:00 p.m
Among other topics the rule loosens the limits of advertising on linear television services (open and paid) according to the provisions of the European directive. It goes from a limit of 12 minutes per hour to a maximum of 144 minutes between 6am and 6pm and a maximum of 72 minutes between 6pm and midnight.
With regard to the promotion of European audiovisual works, providers of linear audiovisual television communications are obliged to reserve at least 51% of the transmission time for European audiovisual works. Of this percentage, 50% is reserved for works in the official language of the State or in one of the official languages of the Autonomous Communities. Of this sub-quota, RTVE reserves at least 15% for audiovisual works in one of the official languages of the Autonomous Communities, taking into account the size of the population, and reserves 10% each.
Providers of audiovisual communication services for television must, on request, reserve 30% of their catalog for European works. Half (15%) must be works in the official languages of Spain and of this sub-quota, 40% must be audiovisual works in one of the official languages of the Communities, taking into account the size of the population and at least 10% being reserved. for each of them.
On the other hand, with regard to the pre-financing of the European audiovisual work, an exception to the country of origin principle is introduced, since any provider of audiovisual television communication services offering its service in Spain must contribute to the pre-financing of the European audiovisual work.
Compulsory operators must allocate 3.5% to audiovisual works in any format that must be performed in the official language of the state or in one of the official languages, up from the current 0.9%; and on the other hand, Allocate 2% to finance films by independent producers, which must also be conducted in the state’s official language or one of the official languages, compared to the current 1.8%.
It has not been permanently changed the controversial definition of the independent producer and that provoked the rejection of numerous professionals and producer associations the world of film and television. The independent production sector has even made its claims to the Cannes Festival and does not rule out taking its claims to Brussels.
The text of the law states that RTVE is funded with contributions from all players in the audiovisual market competing for the same audience: open linear television; linear pay TV; video-on-demand providers; and video sharing platforms.
Finally, this contribution must be made by providers based in Spain, as well as by providers located in another country of the European Union, provided that they offer their services in Spain. Likewise, the direct contribution of the telecom operators for the part of their business activity that does not correspond to the audiovisual activity is eliminated.