The transposition in Spain of the new Audiovisual Services Directive: several comments from the perspective of European law

Abstract

In this paper we focus on the analysis of the implementation in Spain of Directive 2018/1808 [European Parliament and Council,14th of November, 2018], a procedure which has again arisen some concerns in relation to the power of a Member State for digesting the prescriptions included and derived from this piece of European legislation and incorporating it in its own domestic state of law. Its relevance must be taken into account given to the fact that it must be respected by all audiovisual media: advertising, commercial activities, broadcasting, distributors of content, availability of programs. In this respect, the paper encompasses a thorough review of comparative law, underlying the points which have been regulated differently, in particular, some kind of advertising which have traditionally been at the core of commercial communications in audiovisual media all over the world; this effort comprises the consideration of the discretion and room for maneuvering which is awarded to every Member State in the process of implementing the European Union Law, but as well balancing the appropriateness and adequacy of the decisions made in national rules, for perfect compliance with the requirements, demands and goals of the Directive without causing any major disruption in relation to other European countries´ experience.