|
(Decree 320/1996, of 1 October, on local
television by terrestrial propagation: Under heading 1, article 3, subsection h),
the Decree expresses as a general principle in the case of local television channels that
of «collaboration in normalisation of the Catalan and Aranese [Occitan] languages within
their respective territorial areas, in accordance with the objectives and conditions laid
down by Law 7/1983, of 13 April, for linguistic normalisation in Catalonia».
Law 8/1996, of 5
July, regulating audiovisual programmes transmitted by cable. This Law stipulates the
setting up of the Consell de lAudiovisual de Catalunya (CAC) and in chapter IV,
article 12.4, the CAC is specifically defined as «supporting the process of linguistic
normalisation».
2.2. Specification of broadcasting quotas in Catalan language
Establishing
broadcasting quotas means going a step beyond the general philosophy of support for the
Catalan language and contributing to the process of linguistic standardization. The
specific indications on the linguistic quotas are based on the fact that Catalan is the
language proper to any television belonging to the Catalan regional government or local
authorities (9). According to this principle, the
following quotas have been settled down:
50% of own
production (whatever its nature) and the other services offered by any television in
Catalonia must be in Catalan language, no matter the regime of management of the
organization (public, private or semipublic), in agreement with the Law 1/1998, of January
7, of language policy.
As regards movies,
television series or documentaries dubbed or subtitled in a language different from the
original language, these must be available, at least, dubbed and subtitled into Catalan
language. This is clearly established in laws 8/1996 and 1/1998, as well as in Decree
320/1996.
2.3. Sanctioning regime
The
third main requirement of the Catalan linguistic laws relating to
the television sector is that they establish a set of sanctions.
In particular, Law 8/1996, of July 5, on the regulation of the audiovisual
programmes distributed by cable, establishes infractions by failure
to fulfill the regulated linguistic quotas. This same sanctioning
ordinance is adopted in the legal ordinances for local televisions
broadcasting by means of terrestrial waves. In agreement with Law
8/1996 a specific institution was also created to maintain fulfilment
of the norms relative to the use of the Catalan language (10):
the Audiovisual Council of Catalonia (CAC) http://www.audiovisual.cat
However, the daily
working experience of the CAC as well as the changes the sector has undergone have made it
necessary to redefine its nature, functions and goals. This is why the Law 2/2000, of May
4, on the Audiovisual Council of Catalonia was approved. In article 10 e) the role of the
CAC regarding the Catalan language is reformulated and one of its main functions is
described as "to watch over the linguistic and cultural pluralism in the audiovisual
system of Catalonia and, especially, the fulfillment of the legislation relative to the
preservation and normalization of Catalan language and culture, as well as that of
Aranese.
In conclusion, we
can affirm that Catalan laws have established a framework that guarantees the presence of
Catalan language in the mass media. What they do not guarantee is the quality of the
language used. In spite of the declaration of intentions that lead us to suppose that the
CAC supports the process of linguistic normalization, the truth is that from its creation,
the institution has not issued any opinion, decision or study making reference to a
proactive attitude to the normalization of Catalan language, something which is far more
important than merely broadcasting in Catalan language.
3.
Legal framework of local TV
As already stated
in section one, the State has the exclusive competence on telecommunications whereas the
Generalitat has competence for legislative development and the application of the
ordinances for all kind of television within the framework of the basic norms laid down by
the State. Accordingly, the Generalitat, by virtue of Decree 320/1996, of October 1,
started the process of allocation of concessions for the management of municipal and
private local television services by terrestrial waves. This process consists of two
phases: tendering and allocation.
The first stage
ended in April 1997 while the second one is still pending resolution. The reason for the
delay is that Central Government has not yet provisionally reserved the wave bands for
Catalonia making it impossible for the Catalan government to allocate frequencies. All
local televisions that are already broadcasting at the moment are therefore in an
illegal situation, or perhaps it would be better to say an
al-legal one.
Taking this into
account, on April 6, 1998, the government of Catalonia lodged a administrative appeal
against Central government, since the lack of planning for new channels licences prevents
the Generalitat from exercising its own competences in the case of the granting of
licences for the management of public-service local television by terrestrial waves. At
the time of writing, this appeal is still pending resolution.
In addition to all
this, at the beginning of 2002 a new debate about local television took place: on the
substitution of analogical by digital technology. Joan Recasens, professor of
Administration Law at the University of Barcelona provides the keys to understand the
consequences of this process of change in an article published in the magazine Insert
TV : http://www.xarxabcn.net/tlc/html/butlleti.htm:
«Fonamentalment,
el procés es presenta com de simple substitució tecnològica, de manera que no afecta el
règim jurídic de les diferents modalitats televisives ni dels drets o potestats que els
operadors puguin tenir. Però la lectura del Pla i del Reglament demostra que això no és
així.
|