According to The draft law for the improvement of democratic governance in digital and media servicesapproved in the first round by the Government on February 25, the breach of this obligation is considered a serious infraction. Not also do “Accessible, in a simple and direct way” and not keep updated the information related to its property structure and the income derived from the state advertising allocation.
The fines will even 100,000 euros For the written press and the radio of state level, while in the case of televisions, the preliminary draft establishes different sanctions based on their income. The text, to which Europa Press has had access, provides fines of up to 30,000 euros For those who have Income of less than two million euros; up to 150,000 eurosfor those with revenues of up to 10 million euros; up to 300,000 eurosfor those who enter between 10 and 50 million euros; and up to a maximum of 750,000 eurosfor televisions With income equal to or more than 50 million euros.
The draft law, which is in Hearing phase and public information to present allegations from this Thursday, March 6 And until next Friday, March 14also provides fines for “very serious” infractions related to concentrations in the media market. In the case of sanctions for the press and radios, these can reach 200,000 euros.
The Executive Standard also establishes sanctions to guarantee the independence of editorial decisions. The media will have to ensure that editorial decisions can be taken freely within the editorial line followed by the media services provider in question, and the dissemination of any existing or potential conflict of interests that may affect the offer of news and content on current issues.
Hearing measurement systems providers will have to ensure that their systems and methodology meet the «Principles of transparency, impartiality, inclusiveness, proportionality, not discrimination, comparability and verifiability». Not doing so, they face fines for serious infraction of up to 100,000 euros.
Regarding the Digital Services Suppliers (platforms and search engines), the government provides maximum sanctions of up to 6% of the volume Annual World Business for Infractions related to advertising based on special data categories or the profile of minors.
This law designates the National Commission of Markets and Competition (CNMC) as Digital Services Coordinator responsible for controlling compliance with the majority of the obligations established in the Regulation (EU) 2022/2065 for intermediary service providers and Spanish data protection agency (AEPD) for provisions related to the prohibition of advertising based on special data categories or the profile of minors. In addition, this law gives them research and execution competences necessary for the exercise of their functions.
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