Regulatory framework

Law of the CCMA

On 29 September 1982, the Executive Council of the Catalan Autonomous Government (Generalitat de Catalunya) passed the Bill concerning both the creation of the Catalan Broadcasting Corporation (then Corporació Catalana de Ràdio i Televisió, now Corporació Catalana de Mitjans Audiovisuals) and the regulation of the Generalitat’s radio and television broadcasting services. The final text, after going through the stage of a parliamentary commission marked by a clear consensus, was passed by the plenary of the Catalan Parliament on 18 May 1983, and the Law was published in the Generalitat’s Official Gazette (Diari Oficial de la Generalitat, DOGC) on 14th June. Named as Law 10/1983 of 30th May of the Creation of the Catalan Broadcasting Corporation Public Body (Corporació Catalana de Ràdio i Televisió, CCRTV), it was one of the first laws unanimously passed by the Catalan Chamber.

The first law of the Corporation was in force until 18 October 2007, date in which Act 11/2007, of 11 October, on the Catalan Broadcasting Corporation under its new name Corporació Catalana de Mitjans Audiovisuals (CCMA) was published in the DOGC. For more than twenty-three years, the law on the creation fulfilled its main objective, namely that of contributing in a decisive manner towards the linguistic and cultural normalisation of Catalan radio and television, as well as that of playing an essential role in the impulse and development of the Catalan audiovisual industry.

With the application of the Law 11/2007 the Catalan Broadcasting Corporation (then Corporació Catalana de Ràdio i Televisió) was renamed as Corporació Catalana de Mitjans Audiovisuals given the extension of its functions in agreement with the technological changes produced, and also so as to cater for those changes that could take place in the future. As stated in the Preamble to the Law, the new audiovisual context begs for a definition of the function and the duties of public service. This function has to include the right measures in order to reduce the digital divide along the passage to the information society, and guarantee universal access to the different types of dissemination of knowledge, of information and of cultural expressions.

On 15 February 2012, the plenary session of the Parliament of Catalonia approved Act 2/2012, of 22 February, on the modification of various laws on audiovisual matters, which was published in the DOGC on 27 February and introduces changes to the law of the Corporació Catalana de Mitjans Audiovisuals. The new text rationalizes and redistributes the functions of the governing bodies of the entity to favour a more agile and efficient business management and strategy, with the consequent cost savings that this entails. See the consolidated text of the law, modified later by the repealing provision of Act 2/2014, of 27 January, on fiscal, administrative, financial and public sector measures that eliminates the second additional provision.

Stylebook

The CCMA stylebook is a compilation of guidelines and recommendations that guide and focus the tasks of producing and broadcasting the contents of the media controlled by the Government of Catalonia. It comprises the values and principles of public service, commitment to the country, the quality of contents, in addition to management transparency and efficiency.

Contract program

The contract program sets out: CCMA’s public service functions; the commitment for providing these services; the objectives to be met and the time scale for achieving them; and Catalan government subsidies to the Corporation.

The program was established by parliamentary resolution 3/VI of December 15, 1999. It was in response to the need to: guarantee funding for the Corporation; improve the strategic planning of the companies in the CCMA group; and clarify the financial arrangements between the Catalan government and the Corporation.

The first contract program was signed on January 29, 2002 and covered the period 2002-2005.

Professional Statute

The Professional Statute of the CCMA media regulates relations between the company and its professionals in the exercise of the functions of obtaining, preparing and broadcasting information or creating, producing and broadcasting content.

It is structured in one common general area and two specific ones: one for the groups of content, and one for News and Sports. It establishes general deontological and ethical principles and includes the rights and obligations of the workers of these groups. Among others it includes the clauses of conscience, professional secrecy and copyrights.

It also defines the structure of the writing and regulates the existence of the Professional Committees as representative bodies of professionals in these fields of television, radio and the digital media of the CCMA.

Statute of the CCMA Ombudsman

The statute of the Ombudsman regulates the functioning of this institution, the mission of which is to ensure the fulfilment of public service in CCMA media, both in terms of content quality and the principles that must govern the programming as well as promoting participation, service, defence and protection of the users. The ombudsman also ensures independence and guarantees the means to carry out the activities of CCMA.

Sectorial legislation

  1. Catalonia’s Statute of Autonomy

    Act 6/2006, of July 19, 2006, published in the Spanish Official Gazette [BOE] and in the Catalan Official Gazette [DOGC] on July 20, 2006.

    Article 146. The media and audiovisual content services

    • In the area of radio and television services and also any other audiovisual communication service, the Generalitat has:

      a) Exclusive power over the organisation of the provision of the public broadcasting services of the Generalitat and public broadcasting services at local level, while respecting the principle of local autonomy.

      b) Shared power over the regulation and control of broadcasting services that use any of the available formats and technologies aimed at the audience in Catalonia, and the supply of broadcasting services if distributed in the territory of Catalonia.

    • The Generalitat has shared power in matters of the media.
    • The Generalitat shall promote the linguistic and cultural pluralism of Catalonia in the media.
  2. Act 4/1980, January 10, 1980, Radio and Television Act (repealed)
  3. Act 46/1983, December 26, 1983, regulating the third television channel (repealed)
  4. Act 25/1994, July 2, 1994, transposing EU Directive 89/552/CEE into Spanish Law (making provision for "borderless" TV)(repealed)
  5. Act 2/2000, May 4, 2000, covering the Catalan Audiovisual Council (CAC) (consolidated text of 11/2012).
  6. Act 34/2002, July 11, 2002, covering the Information Society and e-Commerce services.
  7. Act 10/2005, June 14, 2005, covering Urgent Measures for Fostering Digital Terrestrial Television (DTT), and De-regulation of Cable Television and Measures for Fostering Greater Pluralism
  8. Act 22/2005, December 29, 2005, covering Audiovisual Communications in Catalonia (consolidated text of 10/2012).
  9. Framework Mandate for an Audiovisual Public System, as approved by the Catalan Parliament on 11 February 2010
  10. Act 7/2010, March 31, 2010, on Audiovisual Communication (consolidated text of 01/05/2015).