The Spanish State Council of Audiovisual Media. More than a year pending the implementation

Abstract

In March 2010, the Spanish Parliament approved legislative changes that could make Spain no longer be an anomalous case in Europe regarding the regulation of the audiovisual sector. In addition to transpose the EU Directive to the state framework, the new Audiovisual Communication General Law states the birth of the national broadcasting regulator (named in Spanish, Consejo Estatal de Medios Audiovisuales-CEMA). An independent authority has been a historical demand. Between 1997 and 2003 more than 10 proposals were submitted by various political parties but, due to the lack of consensus, Spain remained the only EU state member with no independent regulator at national level. This paper analyses the General Law considering that more than a year after its publication, the CEMA has been not created yet. Applying the media policies perspective and comparing the text of the Law with both international regulatory authorities (e.g., the British OFCOM, the French CSA) and regional authorities in Spain (Andalusia, Catalonia or Navarre), we’ll verify the structure, the autonomy and independence, and the powers granted in the Law, in order to identify what role the new Spanish council can play within the European directives framework.