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Institutions / Législation - Espagne

Dossier industrie: Tendance du marché

Le label Audiovisual Compliance va garantir la bonne application des règles auxquelles est tenu le secteur

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Le label lancé en Espagne, pionnière dans l'Union européenne, est attribué après l'audit d'un groupe d'experts en législation audiovisuelle et est renouvelable annuellement

Le label Audiovisual Compliance va garantir la bonne application des règles auxquelles est tenu le secteur

Cet article est disponible en anglais.

The Audiovisual Compliance quality seal is aimed at platforms, aggregators, television and radio stations, podcasts and video sharing platforms. It signifies that a site is safe and secure, and is updated in accordance with the various audiovisual laws. This prevents its owners from being penalised for regulatory infringements. The seal also guarantees the necessary protection of minors from accessing adult content, and it was launched in Spain on 5 June.

The General Audiovisual Communication Law, which adopted the European Audiovisual Media Services Directive, came into force on 9 July 2022. Three years later, there is still much to be done, as more than 99% of Spanish audiovisual platforms do not properly comply with current audiovisual regulations. For example, the information required by the LSSI (Law on Information Society Services, which regulates online provision) is not always sufficiently transparent on streaming platforms, both public and private, of which there are hundreds in Spain, covering all types of content. Nor is it transparent in a large number of production companies, distributors, exhibitors and other agents in the Spanish film industry.

This is why the Audiovisual Compliance quality seal has been created: to guarantee that minors and other users are in a safe and secure environment, updated in accordance with the various audiovisual laws, thereby preventing company owners from being fined for infringements of the regulations, which can amount to €1,500,000 in Spain.

The Audiovisual Compliance quality seal is an innovative initiative that is pioneering in the European Union. It is awarded following an audit by a team of experts in audiovisual legislation and is renewed annually. AVC is a consultancy firm specialising in audiovisual regulatory compliance. It belongs to the Madrid-based company Factoría Audiovisual (which has been operating as a development and design agency for 25 years) and is the creator and manager of the Audiovisual Compliance quality seal. 

We spoke with Santiago de Bernardo, coordinator of AVC, who told us: "In recent years, numerous regulations have emerged in Europe that affect many audiovisual communication services, but we saw that compliance was not adequate, so we decided to take action. Both the Film Law and the Law on Information Society Services, as well as the General Audiovisual Communication Law are not being properly enforced in Spain. So we decided to help and support companies in complying with these regulations by creating this quality seal.”

"We want to protect users, especially minors, and the owners of platforms and other content companies, to avoid potential penalties. The provider can request the seal from us, we carry out an express audit and check whether or not they comply: we tell them what deficiencies they need to correct, help them do so, and once these have been rectified, they obtain the seal. Because sometimes, simply due to lack of knowledge, many platforms do not comply with regulations. The seal awarded to the company is reviewed every year because laws and regulations change," he continues. “And we have plans to open up the market to other countries, both in Europe and Latin America: there are many potential users for this seal.”

(Traduit de l'espagnol)

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