SpainLey 13/2022, General Audiovisual Communication Law, Title VI Chapter II: accessibility obligations of audiovisual communication service providers (Articles 101 to 106 and fourth transitional provision)
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you provide an audiovisual communication service, improve its accessibility progressively and continuously, develop continuous-improvement accessibility plans and report them each year to the Comisión Nacional de los Mercados y la Competencia, and finance the adaptations your services need (Ley 13/2022, Art. 101(1)(a) to (c)).
- Meet the Spanish UNE quality standards for subtitling and audio description progressively, apply the quality criteria of the Centro de Normalización Lingüística de la Lengua de Signos Española to sign-language content, and keep electronic programme guides synchronized with what is broadcast and marked with the accessibility measures of each programme (Art. 101(1)(d), (e) and (h)).
- Make the web pages through which your services are reached, their content and your mobile applications gradually accessible (Art. 101(1)(g)).
- Broadcast emergency information, including announcements in natural disasters and public health crises, in a clear, understandable and accessible way (Art. 101(3)).
- If you provide a free-to-air linear television service, subtitle at least 80% of your programmes from the start of the service and in any case those broadcast in prime time, and broadcast at least five hours a week of sign-language programmes and five hours a week of audio-described programmes, mainly in prime time; a public service provider subtitles at least 90% and broadcasts at least fifteen hours a week of each (Art. 102(1) and (2)).
- If you provide a conditional access linear television service, subtitle at least 30% of your programmes and broadcast at least five hours a week of audio-described programmes, and add programmes in sign language gradually (Art. 103(1)).
- If you provide an on-demand television service, subtitle at least 30% of the programmes in your catalog and add programmes with audio description and sign language gradually (Art. 104(1)).
- Keep the accessibility measures that third-party programmes carry when the interoperable formats agreed in the self-regulation codes are used, and distribute aggregated services with their accessibility measures intact (Art. 105(1) and (2)).
- These obligations are not enforceable against a provider with a low turnover and a low audience; until regulations set the terms, annual revenues below EUR 2 million and an audience below 2% for linear television, or below 1% for on-demand television, count as low (Art. 101(4); fourth transitional provision).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Failing for an uninterrupted month to meet the accessibility obligations of Articles 102, 103, 104 or 105 is a serious infringement (Article 158(11) to (14)). For linear television, on-demand television, video-sharing platform and aggregation services a serious infringement is fined up to EUR 30,000 where accrued revenues are below EUR 2 million, up to EUR 150,000 from EUR 2 million to below EUR 10 million, up to EUR 300,000 from EUR 10 million to below EUR 50 million, and, from EUR 50 million, up to 1.5% of the revenues accrued in the year before the fine, with a maximum of EUR 750,000; radio, sound on-demand and other agents with obligations under the Act are fined up to EUR 100,000 (Article 160(2)).
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 750,000
Who enforces it
Enforcement body
The Comisión Nacional de los Mercados y la Competencia for state-level audiovisual communication services, and the audiovisual authorities of the autonomous communities for services under their competence (Ley 13/2022, Article 106(1) and (3))
What this law does
Article 101(1) requires audiovisual communication service providers to improve the accessibility of their services progressively and continuously. Article 101(1) requires providers to develop accessibility plans of continuous improvement and to report them each year to the Comisión Nacional de los Mercados y la Competencia. Article 101(1) requires providers to guarantee that their websites, the content of those sites and their mobile applications become accessible gradually.
Article 101(3) guarantees the right of persons with disabilities to have emergency information broadcast in a clear, understandable and accessible way. Article 101(4) exempts providers with a low turnover and a low audience, in the terms regulations set.
Until those regulations exist, the fourth transitional provision treats annual revenues below two million euros as a low turnover and an audience below two per cent for linear television, and below one per cent for on-demand television, as a low audience. Article 102(1) requires free-to-air linear television providers to subtitle at least eighty per cent of their programmes and, in any case, those broadcast in prime time.
Article 102(1) requires them to broadcast at least five hours a week of programmes in sign language. Article 102(1) requires them to broadcast at least five hours a week of audio-described programmes. Article 102(2) requires public service free-to-air television providers to subtitle at least ninety per cent of the programmes they broadcast. Article 102(2) requires public service free-to-air television providers to broadcast at least fifteen hours a week of programmes that include sign language.
Article 102(2) requires public service free-to-air television providers to broadcast at least fifteen hours a week of audio-described programmes. Article 103(1) requires conditional access linear television providers to subtitle at least thirty per cent of their programmes. Article 104(1) requires on-demand television providers to subtitle at least thirty per cent of the programmes in their catalog.
Article 105(1) requires providers that broadcast third-party programmes to keep the accessibility measures those programmes carry when interoperable formats agreed in the self-regulation codes are used. Article 106 makes the Comisión Nacional de los Mercados y la Competencia the body that monitors compliance with these obligations for state-level services.
Article 158(11) classes as a serious infringement a failure, over an uninterrupted month, to meet the accessibility obligations of Article 102. Chapter II of Title VI of the Act enters into force one year after the Act's own entry into force.
When LexLint raises it
When your app profile says your app ships a consumer interface or ships a mobile app.
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