Approved the draft General Law on Audiovisual Communication, which may regulate streaming on Twitch from Spain

With new technologies, it is important to know how to regulate them when they arrive so as not to do things late and badly and that various agents take advantage of the lack of regulation. Twitch has been allowing people from home to do the closest thing to linear television for years, more than a decade, and that can be considered a means of communication. This is what Title V of the proposed General Law on Audiovisual Communication tries to regulate, which was published a few days ago in the BBOE.

This means that streamers on Twitch, Youtube and other video sharing content platforms will be subject to various regulations and restrictions. Many of them are not far from the usual Twitch conditions. But there are also several additional regulations that those who broadcast from Spain will have to comply with.

This is the Title General Law of Audiovisual Communication of the General Law of Audiovisual Communication in Spain

All this interpretation comes from Anuj, a streamer who has consulted with a legal expert to understand what this new General Law of Audiovisual Communication of Spain implies. It should be said that violations may carry a fine of up to 30.000 euros.

• Registration will be required, but that does not imply paying a license. Most likely it will not apply to small streamers, but depending on how big they are, they may be considered as such and therefore must be registered.
• There will be an obligation to communicate commercial campaigns. If this campaign is harmful to minors, the platform's tools must be used to protect minors.
• For gaming streams, the platform must be used to ensure that the person accessing is over 18 years of age and periodically spread messages about safe gaming, and there will be no time slot with any kind of discrimination.
• The free promotion of alcoholic beverages will be allowed for those with a graduation below 20 degrees.
• It will be necessary to guarantee the defense of minors from advertising or content that may harm their physical, mental or moral development.
• Content has to respect human rights. It will not incite hatred or discrimination based on sex, age, disability, sexual orientation, language or any other type of discrimination, religion, beliefs, political opinions, nationality, heritage, birth. It will not be possible to publicly provoke to commit a crime of terrorism, child pornography, incitement to hatred, hostility, discrimination, violence against a group, a part of it or against a specific person for racist, xenophobic reasons, because of their sex or for reasons of gender in the terms and without prejudice to the provisions of the Penal Code.

Measures to guarantee the correct application of the law

To guarantee these points shown, there will be a series of measures. The video sharing service providers through the platform, which can be interpreted as the creators of content, will take these measures:

• They must put into practice and be transparent with the measures taken to respect the aforementioned, and facilitate parental control systems controlled by the end user.
• Users You can make a claim for not complying with the above and submit the conflict to litigation in consumer matters. In order to comply with it, meetings will be encouraged between the National Commission for Markets and Competition, platforms and creators to guarantee the law and self-regulation.
• The content creator you will need to notify your audience if you broadcast third-party content that contains advertising.
• The reduction of exposure of minors to advertising with foods and beverages containing: fats, trans fatty acids, salt or sodium and sugars should be promoted. and if they are advertised, positive nutritional qualities cannot be highlighted.

With all this, it is expected that there is a greater regulatory framework for Twitch, YouTube and other streaming services. At least if the State considers these internet platforms as "hertzian waves", since it is open to interpretation.