Analysing some aspects of the Spanish draft law on audiovisual communication

Abstract

In this paper the author tries to arise some questions regarding the Spanish procedure of transposition of the Audiovisual Media Services Directive, which is deemed to change major elements and key points in the former regulation, specially through the adaption and update process which has accompanied the implementation of the Directive in our jurisdiction. In this paper we focus on some of the items which have arisen more discussion along the legislative procedure due to finish with the approval of the Audiovisual Services Law, which happened and took place just after finishing this text. Most of the issues which are tackled with along this pages, have had a translation in the final text approved; others have taken into consideration some of the points which had been underlined by the author through these pages. In the end, the difficult transposition procedure –not only for Spain but as well in many other EU countries- has been an opportunity to analyze, check and ponder the needs of an audiovisual market, highly regulated, and which should take into account the peculiarities and singularities of this relevant manifestation of the fundamental right to free speech and communication altogether.