La transposición en España de la nueva Directiva de Servicios Audiovisuales: varias consideraciones desde el Derecho Europeo
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 f...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7980495 |
| Source: | Derecom, ISSN 1988-2629, Nº. 30, 2021 |
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| Summary: |
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. |
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