In a business that moves hundreds of thousands of euros, the public ministry is positioned next to the radios in the Constitutional Court (TC). The Attorney General of the State (FGE), María José Segarra, has presented a brief of allegations in the guarantee court where she asks that the dismissal be dismissed. issue of unconstitutionality raised by the Supreme Court against article 19.4 of the General Audiovisual Communication Law, which allows broadcasters journalists to enter the stadiums to broadcast the matches live without paying the fee that La Liga wanted to impose on them. The FGE maintains that this norm does not contravene the fundamental law when the freedom of information and service prevails because of "the social function inherent in the diffusion of sporting events".
"We must point out that, at the level of European Union law, the social and educational function of sport is expressly recognized in Article 165.1 of the Treaty on the Functioning of the EU," Segarra writes in his 26-page brief, which he has had access THE COUNTRY. A document in which he rejects the claims of the Professional Football League (LFP), which in 2011 prevented radio journalists from entering the stadiums and opened a conflict that has lasted for more than five years. After the refusal of the chains to pay, the Government of Mariano Rajoy approved a decree that allows reporters to enter the fields, although they must pay the price of the entrance and the expenses caused by the use of the facilities.
The Telecommunications Market Commission then set that amount at 85 euros per stadium, match and operator. But the LFP appealed to the courts on the grounds that it was preventing the possibility of "commercialization" of the rights of radio retransmission. The National Court dismissed its claims first – although it raised the amount established to 100 euros – but the Supreme Court later accepted the case and elevated it to the Constitutional Court, considering that the law could contravene articles 33 and 38 of the Constitution, which protect the right to property and the freedom of enterprise and market economy.
A thesis that the FGE does not share: "The provisions of this legal precept do not violate [esos derechos]"According to the prosecution, sports competitions" have a clear social and collective dimension, as they contribute to the development of the human and cultural values of our society. "" The access of citizens to these events through their radio broadcasting live serves that social function, "continues the letter, which states that this dimension is guaranteed through the right to freedom of information and, therefore, the limitation of the commercialization of retransmission" responds to the legitimate aim of guaranteeing the freedom of information of the providers of communication services and, especially, the access to the information that corresponds to the citizens ".
The public prosecutor exposes, in turn, that this restriction to the League "can not be considered disproportionate", since the regulations provide for financial compensation for the expenses incurred by the use of journalists at the facilities. "In addition, the holders of broadcasting rights obtain indirect benefits for their clubs, as a consequence of the radio broadcasts of sporting events that, without a doubt, can bring them other advantages and benefits, which do not exclude parallel economic activities", warns the Attorney General of the State on the millionaire business that moves football.
Origin. The League decided in August 2011 to prohibit radio journalists from entering the stadiums, which caused their immediate reaction to consider it an attack on the right to information. The veto lasted eight months.
Legislation. In April 2012, the Government of Rajoy issued a decree allowing radio stations "free access to stadiums and venues to broadcast live sporting events". This provided that an amount of compensation should be determined through the agreement of the parties. In case of not reaching a pact, the Telecommunications Market Commission would fix it.
Resolution. After the judicialization of the conflict, the Constitutional Court admitted in October the question of unconstitutionality raised by the Supreme Court and on which the Prosecutor's Office has already presented allegations. The TC has not yet resolved.