The last 18 of February, Fide organized this session in which the main actors involved in the matter met. We begin the session with a few words by Eladio Gutierrez Montes, Partner-Director of EGM Consultoría en Telecomunicaciones y Medios Audiovisuales and Former President of Impulsa TDT and Angel Garcia Castillejo, Lawyer from Madrid Espacio Legal (MEL), who moderated the session. Both, in their initial intervention, referred to the framework in which Directive (EU) 2018/1808 of the European Parliament and of the Council, of November 14, 2018, amending Directive 2010/13 / EU, on the provision of audiovisual communication services, It must be transposed into the Spanish legal system no later than September 19, 2020.
On the one hand, the state attorney, Carlos Romero Dupla, which is attached to the REPER (Permanent Representation of Spain to the EU), in its capacity as Advisor to the Secretary of State for Digital Advancement, of the Ministry of Economy and Business, who has participated in the hectic sessions that have preceded the approval of the Directive, as several countries strongly opposed the Commission's initial proposals, He recalled the motivations that have led the European Regulator to propose the revision of the previous Directive.
In the first place, Romero Dupla, highlighted the inspiring criteria of the same: Convergence, Co-regulation and Regulation, Child Protection, Flexibility of the regulation of advertising, etc. and recalled the outstanding elements of the new Directive:
- Inclusion in the regulation of video on demand platforms.
- Co-regulation and Regulation.
- Child protection.
- Modification of product placement (product placement).
- Regulator Independence.
Cristina Morales placeholder image, Deputy Director General of Information Society Content, at the State Secretariat for Digital Advancement, Ministry of Economy and Business, since 2013, who had also participated in the Brussels discussions, He elaborated on the analysis of the Directive, pointing out that it is a minimum harmonization regulation, which the States can expand by promoting stricter national regulation. He recalled that on those dates and until February 22, the Public Consultation on the transposition was open but in which many more open questions than the Directive itself were posed. For this reason, it was invited to respond on the convenience of modifying the current regulatory framework of the audiovisual sector.
Andres Armas, Director General of UTECA, warned of the danger that, for political reasons, the transposition may be delayed, while maintaining a hyperegulation affecting linear content, while the consumption of on-demand services is growing, without having any limitation as now happens when enjoying a situation of wide tolerance. He also expressed his opinion on the convenience of reviewing different sectoral laws such as the Cinema Law, RTVE, the Organic Law on Data Protection, etc. suggesting the convenience of accepting different demands for smaller operators, in an asymmetric regulation based on its economic results, in matters such as the required technical coverage, the percentage dedicated to financing RTVE and the contribution to European audiovisual works.
Finally, Carmen Marin Arias, Head of the FORTA Legal Advisory Department, presented the convenience of OTT operators joining the Self-Regulation Agreement (Over the Top). He delved into the modifications related to the protection of minors in the field of audiovisual communication, especially.
He noted as a novelty of the new Directive the consideration of the minor as the protagonist of the programming, the minor as a recipient of advertising messages, the minor and the processing of their personal data and, finally, the minor as a viewer of audiovisual content. He emphasized that the appropriate measures for the protection of minors applicable to television broadcasting services should also apply to audiovisual communication services on demand.
Session presented: Eladio Gutiérrez Montes, Partner-Director of EGM Consultoría en Telecomunicaciones y Medios Audiovisuales and Ex-president of Impulsa TDT.
- Carlos Romero Dupla, Counselor of Digital Advancement, Permanent Representation of Spain to the U. E
- Cristina Morales Door, Deputy Director General of Information Society Content, State Secretariat for Digital Advancement, Ministry of Economy and Business
- Andres Armas Portela, General Director, UTECA (Union of Commercial Television Broadcasts)
- Carmen Marin Arias, Head of the Legal Department, Forta, (Federation of Autonomous Radio and Television Bodies or Entities).
Moderator: Angel García Castillejo, Lawyer of Mel Abogados. Former Director of the Telecommunications Market Commission.