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Football and advertising generate the greatest number of fines for audiovisual law penalties

In the last few months, the National Committee of Market and Competence (CNMC) has penalized several national television operators for defaulting the legislation on Audiovisual Communication.

19 january 2016

Since October last year, several are the cases where television channels in Spain have been sanctioned for failing to meet the different legislations on the audiovisual world.   Last 13 January, we learnt of the news that the CNMC announced the opening of a sanction proceeding to DTS, Orange and Multicanal Iberia for not respecting their obligation to finance European audiovisual works in 2012 and 2013. The fines could go from €500,001 to 1 million euros.

The current General Law of Audiovisual Communication obliges service providers and telecommunications operators who also distribute television channels to invest 5% of their income to finance European audiovisual works: cinema and television movies, series, documentaries and animation series. For public enterprises, this percentage rises to a 6%.

Once the sanction proceedings were opened, DTS, Orange and Multicanal Iberia had to present their allegations in a 15-days deadline. The resolution of the CNMC will be ready in six months.

‘The war of football’

The public organism in charge of granting effective competition among national markets also fined Telefonica and Canal + last July for violating the Law of Fair Competition and article 101 of the Functioning Treatment of the European Union in relation to the acquisition, re-selling and exploitation of football rights during the 2012/2013 and 2014/2015 seasons.  Finally, the fine rose to 15,5 millions of euros.

“The prize of fines keeps a close relation with the dimension of the affected markets and the effect among them, the duration and the reach of the sanctioned conduct as well as the benefits obtained. In both cases, the sanctions are significantly inferior to 1% of the total business volume of these enterprises in 2014”, announced Competence in their press release.

“DTS designed its wholesale supply based on that of Telefónica and, just as in the case of the Champions League, Telefónica previously knew about DTS’ strategies and prices. This put Telefónica in an advanced competitive position in relation to the operators”, added CNMC in their release.

Too much publicity

Another milestone in our country is that of sanctions for exceeding the time established for the emission of advertisements. In October 2015, the CNMC fined Mediaset and Paramount Channel for excessive publicity.

Mediaset Expaña exceeded the limits on publicity and self-promotion in Cuatro and Telecinco during July 2015. For its part, Net TV, the operator of Paramount Channel, was also sanctioned for not respecting the number of publicity breaks during the emission of movies.

The subject Citizenship and Communication Policies of the Official Master’s Degree in Audiovisual Contents and Formats tackles concepts such as communication policies, communication systems and democratic public spaces.  It also analyses the different institutions and regulation rules of audiovisual contents at European, Spanish and Autonomic levels.

As a learning outcome, the student knows the functioning  of different private and public communication policies oriented to promoting a new concept of administration and participation on the hands of the civil society and in all its fields: economic, social, political and cultural.

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