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Law 25/1994 Of 12 July, Which Transposes Into Spanish Law Directive 89/552 / Eec On The Coordination Of Laws, Regulations And Administrative Provisions Of The Member States Concerning The Pursuit Of Activi ...

Original Language Title: Ley 25/1994, de 12 de julio, por la que se incorpora al ordenamiento jurídico español la Directiva 89/552/CEE, sobre la coordinación de disposiciones legales, reglamentarias y administrativas de los Estados miembros relativas al ejercicio de activi...

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

PREAMBLE

I. The current legal system of television as a means of social communication starts in Spain from Law 4/1980, of 10 January, of the Statute of Radio and Television, which configures television, according to article 128.2 of the Constitution, as an essential public service of ownership of the State which will be provided under direct management by the public Ente RTVE, through a state company called Spanish Television.

Later, and in accordance with Article 2 of the previous Law, Law 46/1983, of 26 December, regulating the Third Television Channel, authorized the Government to take the necessary measures for the implementation of the of a third State-owned television channel and to grant it under concession in the territorial scope of each Autonomous Community, upon request of its governing bodies and in the terms provided for in its respective Statutes of Autonomy, in the Statute of Radio and Television, in its complementary provisions of order and the provisions of the law itself.

On the other hand, Law 10/1988 of 3 May, of Private Television, regulates the indirect management of the essential public service of television, which will be carried out by public limited companies under administrative concession conformity with the provisions of that Law and which shall be based on the principles expressed in the fourth article of the Law governing the Statute of Radio and Television.

Finally, Law 35/1992, of 22 December, of Television by Satellite, establishes the specific regime for the provision of this public service when communications satellites in accordance with the Treaties are used for this purpose. and international agreements signed by Spain and authorized by the Government for these purposes, to which it is accessed through an uplink with origin in Spanish territory.

These legal texts, other complementary ones of lesser rank and some specific law, such as Law 34/1988, of 11 November, General of Advertising, regulate the field of television as a means of social communication, without prejudice to its technical aspects, which are set out in Law 31/1987 of 18 December, on the Management of Telecommunications.

II. On 3 October 1989 the Council of the European Community adopted Directive 89 /552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in the Member States relating to the pursuit of television broadcasting.

This Directive, which has an immediate history of the European Convention on Transfrontier Television adopted by the Council of Europe on 5 May 1989 and which is pending ratification by Spain, finds its Article 5 (2) and (66) of the Treaty establishing the European Economic Community, as stated in the preamble to the Treaty, consider that television is, in normal circumstances, a service whose free movement means in addition a specific manifestation of the more general principle of freedom of expression Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms held in Rome on 4 November 1950.

III. This Law incorporates into Spanish law the rules contained in Directive 89 /552/EEC. This procedure of adopting a single law for all the matters covered by the directive has been considered more appropriate than that of inserting the provisions of the directive into the various legal texts which could have been affected by the provisions of the directive. of that, or that of issuing several different texts according to the various regulated matters. This will lead to a unified and more consistent application of the rules of the Directive and to avoid the issues raised in other Member States which have made partial additions to their respective internal rights or to their the adoption of different laws and regulations.

IV. The Law is structured into five chapters, one additional provision, two transitional provisions, one derogation and two final provisions.

1. Chapter I, which is dedicated to the general application provisions, includes the object of the Law, its territorial scope of application, the definitions of the main terms used by the Law and the principle of capital, the foundation of all the Directive of the free reception in the Spanish territory of television broadcasts from another Member State of the European Union. Certain important issues should be highlighted in this chapter:

In the first place, the Law will be applicable to television broadcasts from Spanish territory, leaving out of its scope the emissions to be captured exclusively in non-member states. of the European Union provided that such emissions are not received, directly or indirectly, in the Spanish territory.

Secondly, it is to be said that the concepts of the Directive are contained in the Law, although they are adapted as far as possible to those of national law. In this respect, the definition of television provided by the Directive and the Law is not consistent with that contained in Article 25.2 of the Law on the Management of Telecommunications, which is a difference in that the definition contained in the Directive is The Commission has already taken the view that the Commission has not yet taken a decision on the question of the Commission's communication on the situation in the Community.

With regard to the freedom of reception in Spain of emissions from other Community States, the Directive considered sufficient to accommodate emissions to the legislation of the Member State of origin, as coordinated by the Directive, in order to ensure the free movement of services within the European Union, without the need for secondary control by the receiving State. This control is, however, permitted by the Directive, with the consequent power to suspend emissions, where the conditions laid down by that Directive are met, and where the case in fact starts from a manifest, serious and serious infringement. the rules on the protection of minors.

2. Chapter II of the Law regulates the promotion and distribution of certain television programs.

In this chapter, the reserve of 50 per 100 of the annual emission of the entities providing the public television service, for the dissemination of European works, is set out in a general nature; half of them are reserved. of this time of reservation to the issue of European works in Spanish original expression.

Apart from this, the reserve of 10 per 100 of that time of majority reserve is established for the issue of European works of independent producers, of which the majority will have to correspond to works produced in the Last five years.

On the other hand, as also with the Directive, it is excluded from the computation as time of issue to the information programs, the sports broadcasts, the contests or games, the advertising, the services of teletext and the direct offers to the public for the sale, purchase, rental of products or service provision; the dissemination of cinematographic works, in accordance with that, also, before a period of two years from the beginning of its exhibition in rooms commercial, except in the case of films specifically made for television or for supports other than those of its exhibition in cinema halls, where there is agreement to the contrary between the owner of the work and the broadcaster or that the works have been co-produced by those entities, the latter in which the time limit shall be of one year.

3. Chapter III deals with television advertising and television sponsorship, establishing the rules governing one and the other.

Thus, in addition to the provisions of the General Law of Advertising, the assumptions in which television advertising will deserve the qualification of illegal advertising are determined, and certain advertising objects are also prohibited. as cigarettes and other tobacco products, and including in the prohibition not only direct advertising but also indirect advertising.

The advertising of alcoholic beverages is subject, in accordance with the Directive, to strict criteria according to the persons to whom it may not be directed (minors), of the messages to be avoided (success, improvement, etc.). the performance or personal relationships, or beneficial properties), or of the purposes that it must not pursue (encourage immoderate consumption or offer a positive image of alcohol).

Issue of capital importance in the Law are the rules on the identification of advertising, its differentiation from the rest of the programming and its grouped diffusion, allowing only in exceptional way the spaces (a) in the case of advertising, the time-limits and the rate of interruption of the programming for advertising and the percentages for advertising and the percentages of the programmes for which the advertising is to be inserted; maximum transmission time dedicated to advertising on the total emissions.

With regard to the latter, the Law establishes two essential rules: on the one hand, that the transmission time dedicated to advertising will not be greater than 15 per 100 of the daily time of issue, and another 5 per 100 of this will be devoted time for advertising in the form of offers to the public made directly to sell, buy, rent goods or products or to provide services, and, on the other hand, that the time of advertising broadcast per hour of issue shall not exceed twelve minutes.

Finally, this chapter incorporates the rules regarding television sponsorship (in which its definition is highlighted its contractual character, as in the General Law of Advertising), avoiding any influence of the sponsor that atents against the independence or responsibility of the issuing entity, ordering its clear identification, preventing sponsorship from becoming a mode of advertising and banning the sponsorship of people who manufacture or sell products or provide services the advertising of which is prohibited by the current system, as well as Daily or political information may be the subject of such information.

4. Chapter IV is aimed at the "protection of minors in television programming", both in the face of the content of advertising, in order not to exploit their inexperience, the confidence in their parents or guardians or their credulity about the characteristics of the products announced, as opposed to the rest of the programming, in order to preserve their correct physical, mental and moral development, establishing for this the need to warn about the content of the programming that could be to the development of the less.

5. Chapter V deals with the "sanctioning regime", attributing the sanctioning powers, according to the seriousness of the infringement, to the Council of Ministers and to the Minister of Public Works, Transport and the Environment.

Regarding the violations and sanctions, the Law, in addition to qualifying as a serious or very serious infringement the acts that contravene the obligations and prohibitions that it establishes, refers, as regards the sanctions, to the Law of Private Television.

6. The Law does not contain any reference to the right of rectification against television programs, to understand that its content is already sufficiently covered by the Organic Law 2/1984, of March 26, regulating the Right of Rectification.

7. The additional provision contains the authorisation to the Government to require the institutions to provide the television service with the data necessary for the fulfilment of the duty to inform the Commission of the European Community.

8. The transitional provisions lay down the rules for meeting the emission reserves for European works and for European works of independent producers.

9. Finally, the derogatory and final provisions expressly derogate from the provisions of the Law of Private Television affected by the new regime, to determine the constitutional titles that enable the State to issue the Law (article 149.1, 1., 21. and 27.), to authorize the Government to adopt measures to ensure compliance with the Law on emissions originating in third countries, which may be received on Spanish territory, and to lay down the rules for the development and implementation of the Future Law.

CHAPTER I

General provisions

Article 1. Object.

This law aims to establish the legal system to guarantee the free circulation and reception of television broadcasts between the European Union States; to develop certain television productions; to protect against to certain forms of advertising and advertising objects; to defend minors in order to preserve their correct physical, mental and moral development, and to regulate television sponsorship, in accordance with the rules contained in this Law.

Article 2. Scope.

1. This Law applies to emissions from the Spanish territory by entities that directly or indirectly provide the public television service.

2. For television broadcasts intended exclusively for use in the territory of other States which are not members of the European Union, only the provisions of Articles 9, 10, 11 and Chapter IV of this Law shall apply to them.

Article 3. Definitions.

For the purposes of this Law, it shall be understood by:

a) , the primary issue, with or without cable, by land or by satellite, encoded or not, of televised programs intended for the public.

This concept will include the communication of programs between natural or legal persons, public or private, that have the purpose of broadcasting television intended for the public. On the other hand, communications services, provided on an individual basis, for the purpose of providing information or other services, such as facsimile services, data banks, are not included in this definition. electronic and other similar services.

b)

, any form of a televised message issued in return for a remuneration of any kind, carried out on the order of a natural or legal person, public or private, and relating to an activity trade, industrial, craft or a liberal profession, in order to promote the hiring of goods, furniture or buildings, services, rights and obligations.

The spaces dedicated to the promotion of the programming itself are not considered television advertising, without prejudice to the provisions of Article 14 (2) of this Law.

(c) , that form of advertising which involves the presentation of goods, services, names, trade marks or activities of a goods manufacturer or of a goods manufacturer, in a non-sporadic or occasional form, (a) an employer of services in programmes in which such a presentation is intended, intentionally by the entity which provides the public television service, advertising purpose and may mislead the public as to the nature of such service; presentation.

The presentation of the goods, services, name, brand or activities will be considered intentional, and therefore will have the character of covert advertising, if it is done in exchange for a remuneration, whatever the nature of this.

This consideration will not be taken into account in events open to the public organized by third parties and whose television broadcasting rights have been transferred to an entity providing the public service. television.

(d) , which does not directly mention products, uses trademarks, symbols or other distinctive features of such products or companies whose principal or known activities include their production or marketing.

e)

, the contract under which a natural or legal person, called a sponsor, not linked to the production, marketing or broadcasting of television, contributes to the financing of television programs performed by another person, physical or legal, called sponsored, in order to promote the name, brand, image, activities or achievements of the sponsor.

(f) , that natural or legal person who is not the subject of a dominant influence by the television broadcasters for reasons of ownership, financial participation or the rules which he or she rule.

It is understood that there is a dominant, direct or indirect influence, for reasons of ownership or financial participation, when the television entities hold more than 50 per 100 of the subscribed capital in the production company, they have the majority of the votes for the units issued by it, or may appoint more than half of the administrative or management bodies.

Article 4. Freedom of reception.

The freedom of reception in the Spanish territory of television broadcasts from another Member State of the European Union is guaranteed, provided that they are in conformity with the Community rules and the legislation of that Member State. State on the subject matter referred to in this Law and do not technically interfere with the regular emissions of Spanish emissions.

CHAPTER II

The promotion, dissemination and production of certain television programmes

Article 5. European works.

1. Institutions which provide direct or indirect public television service shall reserve 51 per 100 of their annual broadcasting time for the dissemination of European works.

2. More than 50 per 100 of the reserve time referred to in the previous issue, in turn, will be devoted to the issuance of European works in original expression in any Spanish language.

3. Works originating in Member States of the European Union or of European third States which are a party to the European Convention on cross-border television of the Council of Europe in which a 51 per 100 works shall be regarded as European works. the total number of authors, interpreters, technicians or other workers participating in them is resident in one of the States mentioned.

Such works must also comply with any of the following conditions:

(a) Be made by one or more producers established in one or more of those States.

(b) To have a production supervised and controlled by one or more producers established in one or more of the abovementioned States.

(c) Financing its total cost of production through the majority contribution of producers established in those States, in co-production scenarios, provided that it is not controlled by one or more established producers out of them.

4. They shall also take into account European works originating in European third countries other than those referred to in the previous paragraph, with which the European Union has concluded agreements, provided that at least 51% of the total authors, interpreters, technicians or other workers participating in them, are resident in one of the States referred to in the previous paragraph.

5. Works other than European works according to the preceding numbers, but in which 51 per 100 of the total number of interpreters, authors, technicians or other workers participating in them are resident in one or more Member States of the Union. European works will be considered as European works because of the proportion of the Community co-producers ' contribution to the total cost of production.

Article 6. European works of independent producers.

Public television service providers, within the reserve time set out in Article 1 (1), shall reserve a minimum of 10 per 100 of their time of issue to European works of producers independent of the television entities, of which more than half will have to correspond to works produced in the last five years.

Article 7. Exclusion of computation.

For the purposes of the foregoing articles of this chapter, it shall not be computed as time of issue for information, sports broadcasts, contests or games, advertising, teletext services and direct offers. to the public for the sale, purchase, rental of products or service delivery.

Article 8. Dissemination of cinematographic works.

No cinematographic works may be broadcast on television before the two-year period, from the beginning of their exhibition in the cinema halls of any of the Member States of the European Union, except in the case of works Film specifically made for television or for media other than those of its exhibition in cinema halls, where there is agreement to the contrary between the owner of the work and the entity providing the public television service, or such works have been co-produced by the said entities, in a percentage higher than 10% 100 of its cost, if this is the case for a period of one year.

CHAPTER III

From television advertising and television sponsorship

Article 9. Illicit advertising.

1. In addition to the provisions of Article 3 of Law No 34/1988 of 11 November 1988, General de Publicity, it is unlawful, in any case, for television advertising to encourage behaviour which is harmful to the health or safety of the persons or for the protection of the environment; in due regard to human dignity or religious and political convictions; or discriminate on grounds of birth, race, sex, religion, nationality, opinion, or any other personal or social circumstances.

Likewise, advertising that incites violence or anti-social behavior, that appeals to fear or superstition or that may encourage abuse, recklessness, negligence or aggressive behavior, will be illicit.

It will have the same consideration of advertising that incites cruelty or mistreatment of people or animals, or the destruction of cultural or natural goods.

2. Advertising must not use subliminal techniques, meaning subliminal advertising as defined in the aforementioned General Law of Advertising.

Article 10. Advertising banned.

1. In addition to the provisions of Article 8 of Law 34/1988 of 11 November, General Advertising, it is prohibited by television:

(a) Any form, direct or indirect, of advertising of cigarettes and other tobacco products.

(b) The advertising of medicinal products and medical treatment which can only be obtained by prescription on the national territory.

c) Advertising of essential or primarily political content, or aimed at achieving objectives of such a nature, without prejudice to the provisions of the Organic Law of the General Electoral Regime.

2. Covert advertising is prohibited.

Article 11. Advertising of alcoholic beverages.

The advertising of alcoholic beverages must comply with the provisions of Law 34/1988, of November 11, General of Advertising, and the following principles:

(a) It shall not be specifically addressed to persons under age, nor in particular to present minors with such drinks.

(b) You must not associate the consumption of alcohol with an improvement in physical performance or the driving of vehicles, or give the impression that the consumption of alcohol contributes to social or sexual success, nor suggest that alcoholic beverages have therapeutic properties or a stimulating or sedative effect, or which constitute a means of resolving conflicts.

c) It should not stimulate the immoderate consumption of alcoholic beverages or offer a negative image of abstinence or sobriety, nor to emphasize as a positive quality of the beverages its high alcoholic content.

Article 12. Identification and placement of advertising.

1. Advertising should be easily identifiable and clearly differentiated from the programmes by means of optical, acoustic or both.

2. Advertising spaces will be issued in a grouped form in the time reserved for advertising. Only isolated advertising spaces will be issued exceptionally.

3. Television advertising must be inserted between the programmes.

However, and subject to the provisions of the following Article, advertising may also be inserted within the programmes provided that it does not prejudice their unity or detract from the value or quality of the programmes and their emission is carried out taking into account the natural interruptions of the programme, its duration and nature, and in such a way that, in no case, the rights of the holders of the programmes within whose broadcast the advertising is inserted are harmed.

Article 13. Special rules.

1. In the case of programmes consisting of autonomous parts, or in programmes or sports programmes or events or similar structure shows, which have time intervals between each of the parts which comprise them, it may be The insertion of the advertising between those autonomous parts or during these intervals.

In sport emissions, advertising can be inserted through transparencies only at those times when the development of the transmitted event is stopped, provided that such advertising does not disturb the vision of the event or take more than one sixth of the screen.

When these detentions are scheduled to last, any form of advertising that does not exceed that of the interruption may be inserted during the same period.

2. In programmes of a different nature than those referred to in the preceding number, the successive advertising interruptions within the programmes shall be separated by a period of at least 20 minutes, without prejudice to the is available in the following numbers.

The time span between advertising spaces located before or after a program and the first or last advertising breaks within that program may be less than twenty minutes. The time span may also be less than twenty minutes, but not less than fifteen minutes, for once within each program, to respect the natural interruptions of the program.

3. Audiovisual works, such as film films whose programmed duration of transmission is greater than forty-five minutes, may be interrupted once for a full period of forty-five minutes, with the approval of another interruption if the programmed duration of the total transmission exceeds at least 20 minutes to two or more full periods of forty-five minutes. These interruptions must respect the integrity and value of the work.

The series, series, and entertainment issues, whether or not children, are excepted from the provisions of this number, which, whatever their duration, may be interrupted one or more times.

4. Information, documentary, religious and children's programmes may not be interrupted by advertising, except where the duration of the programme is more than 30 minutes, in which case the provisions of paragraphs 1 and 2 of this Article shall apply. Article.

5. No advertising may be inserted into the issue of religious services.

6. It is understood as "programmed duration", for the purposes of this article, the total length of time of the program or work included the advertising spaces existing within the work or program.

7. The provisions of this Article shall not apply to advertising in the form of offers to the public or made directly to sell, buy, rent goods or products or provide services.

8. In any case, the emissions must be carried out in the technical conditions which indicate the technical standard for the diffusion of the television signals in black and white and colour, without modifying those during the advertising spaces.

Article 14. Advertising broadcast time.

1. The transmission time spent on advertising shall not exceed 15 per 100 of the daily broadcast time. However, another 5 per 100 of this time of issue may be devoted to advertising in the form of offers to the public made directly to sell, buy, rent goods or products or provide services.

2. The time of transmission dedicated to advertising spaces within each period of a natural hour must not exceed twelve minutes, and in no case shall be able to exceed seventeen minutes by computing the spaces dedicated to the promotion of the programming itself.

3. Without prejudice to the provisions of No 1, forms of advertising such as offers to the public made directly to sell, buy or rent products, or to provide services, shall not exceed one hour per day.

Article 15. Television sponsorship.

1. Sponsored television programmes shall meet the following requirements:

(a) The content and programming of a sponsored issue may in no case be influenced by the sponsor in such a way as to deal with the responsibility and editorial independence of the entity providing the public television service with regard to emissions.

b) You must be clearly identified as such by name, logo, brand, service or other signs of the sponsor, at the beginning, at the end of the programs, or in the two moments.

The sponsor may also be identified by the aforementioned media in the course of the sponsored program, provided that this is done sporadically and without disturbing the development of the program.

(c) They shall not contain direct and express advertising messages for the purchase or purchase of the sponsor's or a third party's products or services, by means of specific promotional references to such products or services.

2. Television programmes may not be sponsored by natural or legal persons whose main activity is the manufacture or sale of products or the performance of services the advertising of which is prohibited in accordance with the provisions of the Articles 9 and 10 of this Law. 3. No broadcast or political space may be sponsored.

4. Time slots devoted to television sponsorship shall not be quantified for the purposes of the maximum advertising time provided for in the previous article.

CHAPTER IV

Of the protection of minors

Article 16. Protection of minors in the face of advertising.

Television advertising will not contain images or messages that may harm minors morally or physically. To this end, the following principles must be respected:

(a) You must not directly incite such minors to purchase a product or service by exploiting their inexperience or credulity, or to persuade their parents or guardians, or parents or guardians of third parties, to purchase the products or services in question.

b) In no case should you exploit the special trust of children in their parents, teachers or other people.

(c) You may not, without a justified reason, present children in dangerous situations.

Article 17. Protection of minors from programming.

1. Television broadcasts shall not include programmes or scenes or messages of any kind which may seriously impair the physical, mental or moral development of minors, or programmes which promote hatred, contempt or discrimination by means of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance.

2. The issuance of programmes liable to harm the physical, mental or moral development of minors and, in any case, those containing scenes of pornography or gratuitous violence can only be carried out between the twenty-two and the six hours and shall be subject to warning of its content by acoustic and optical means.

This will also apply to the spaces dedicated to the promotion of the programming itself.

CHAPTER V

The sanctioning regime

Article 18. Taxable persons and powers of control and sanction.

1. The sanctioning regime set out in this Chapter shall apply to public or private entities referred to in Article 2.1 of this Law.

2. The functions of control and inspection of compliance with the provisions of this Law for television services shall be exercised with the exceptions mentioned in the following paragraph, by the Ministry of Public Works, Transport and the Environment. The imposition of the penalties which the failure to comply with those provisions may entail in these cases will correspond, for serious infringements, to the Minister of Public Works, Transport and the Environment, and for the very serious, to the Council of Ministers.

3. The Autonomous Communities shall carry out the functions of control and inspection and the imposition of penalties in respect of the content of the programming of the third channels of their own and of the television services on which they are required to provide them.

to grant the enabling title.

Article 19. Infringements and sanctions.

1. The repeated infringement of the obligations and prohibitions laid down in Chapters II, III and IV of this Law and serious infringement of the non-repeated violation of such obligations shall be considered to be very serious.

2. The infringements provided for in this Law shall be sanctioned in accordance with the provisions of Article 25 of Law 10/1988 of 3 May of Private Television, except the penalty of extinction of the concession, which shall not apply to the effects of this Law.

Single additional disposition. Information requirements.

The government is authorised to require the entities providing the public television service to provide the information necessary to inform the European Community Commission of the extent to which the provisions of the Treaty are complied with. Articles 5 and 6 of this Law.

The Autonomous Communities with powers in the field may also require such information in respect of the third-party channels themselves and of the entities providing television services on which they are entitled to grant the enabling title, with the aim of referring it to the Government for the purposes set out in the preceding paragraph.

The information thus obtained will be confidential and may not be used for purposes other than those provided for in this Law.

First transient disposition. Deadline for the European works reserve.

The reserve set out in Article 5 (1) for the dissemination of European works may be achieved by the television entities in a gradual manner, so that at the end of the fourth year counted from the entry into force of the of this Law or, where applicable, of the beginning of the emissions, the reserve reaches 40 per 100 of the time of issue. However, it will be necessary to cover such a percentage gradually.

After the deadline, the reserve shall be increased annually until the reserve ratio determined in Article 5.1 is reached.

Second transient disposition. Time limit for independent production reserve.

The reserve set out in Article 6 may be progressively achieved. To this end, the entities providing the public television service, formed before 1989, may maintain in the year of entry into force of this Law the proportion of the European works recorded by each of them in 1988, Each year the reserve shall be increased to the extent required by Article 6 of the reserve for the issue of such works within a maximum of four years.

The bodies or entities established after 31 December 1988 shall take as the reference year for the purposes of the preceding paragraph the year of their constitution.

Transitional provision third. Transitional period for advertising interruptions.

The forecasts contained in Article 13 (1) will start to apply after six months after the entry into force of this Law. The forecasts set out in numbers 2, 3 and 4 of that Article shall apply after 12 months after the entry into force of this Law.

Single repeal provision.

Article 14 (3) and (4) and Article 15 of Law 10/1988 of 3 May of Private Television are repealed, and any rules of equal or lower rank are contrary to the provisions of this Law.

Final disposition first. Constitutional foundation.

This Law is dictated by the provisions of Article 149.1, 1., 21. and 27. of the Constitution, thus having the character of a basic rule.

Final disposition second. Ratings to the Government.

1. Without prejudice to the international obligations incurred by Spain, the Government is empowered to adopt by regulatory means the necessary measures to ensure that television broadcasts originating in third countries outside the Community the European Union and which may be received in Spanish territory, do not conflict with the provisions contained in Chapters III and IV of this Law.

2. The Government will dictate the provisions necessary for the development and implementation of this Law.

3. This Law shall enter into force on the day following its publication in the Official Journal of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 12 July 1994.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ