© Javier García García
Universidad de Castilla-La Mancha (España)
The purpose of this paper is to deepen the constitutional dimension of the right to create means, as a right derived from section 20 of the Spanish Constitution. To this end, we analyze and systematize the constitutional jurisprudence and the rules of the radio and television activity, using primary and secondary sources for the purpose of contributing new elements of analysis.
In the first part of the paper, we intend to review the doctrine and constitutional jurisprudence regarding the right to create media, the discussion concerning the qualification of the activity as public service and its relationship to the exercise of fundamental rights. From the jurisprudential overview we analyze the legal changes that end up with the approval of the general law of audiovisual communication, what provides us a better understanding of the transformations that have taken place in this sector.
The technological and regulatory evolution has had an important impact on the creation of audiovisual media, which leads us to ask about the validity of existing jurisprudence. In this sense the novelty of the text is to show that this evolution of the audiovisual sector has also been accompanied by new problems in access to radio and television licenses, reproducing, in some cases, issues already addressed by constitutional jurisprudence. At the same time new challenges and scenarios arise in relation to the scarcity of radio spectrum.