the right to create audiovisual media. evolution of constitutional jurisprudence and liberalization of radio and television activity

Abstract

The purpose of this paper is to deepen the constitutional dimension of the right to create means, as a right derived from section 20 of the Spanish Constitution. To this end, we have proceeded to analyze and systematize the constitutional jurisprudence and the rules of the radio and television activity, using primary and secondary sources for the purpose of contributing new elements of analysis.

In the first part of the paper, we intend to review the doctrine and constitutional jurisprudence regarding the right to create media, the discussion concerning the qualification of the activity as public service and its relationship to the exercise of fundamental rights. From the jurisprudential overview we analyze the legal changes that end up with the approval of the general law of audiovisual communication, what allows us better understanding of the transformations that have taken place in this sector.

The  technological  and  regulatory  evolution  has  had  an  important  impact  on  the creation  of  audiovisual  media,  which  leads  us  to   ask  about  the  validity  of  existing jurisprudence. In this sense the novelty of the text is to show that this evolution of the audiovisual  sector  has  also  been  accompanied  by  new  problems  in  access  to  radio  and television licenses, reproducing, in some cases, issues already addressed by constitutional jurisprudence. At the same time new challenges and scenarios arise in relation to the scarcity of radio spectrum.