The Constitutional guarantees that the radios do not pay to enter the stadiums to broadcast soccer matches

Points out that the right to inform prevails over those of property and freedom of enterprise

MADRID, 21 Feb. (EUROPA PRESS) -

The Constitutional Court (TC) has endorsed that radio stations can enter the stadiums without paying any fees to be able to broadcast sports events, thus resolving what was their second oldest issue, after the 'popular' appeal against the law of abortion, as reported on Tuesday by the guarantee court.

It was in 2018 when the Contentious-Administrative Chamber of the Supreme Court (TS) turned to the TC for legal doubts raised by article 19.4 of Law 7/2010, of March 31, General Audiovisual Communication (LGCA), in the wording given by Royal Decree-Law 15/2012 of April 20.

The precept in question established that radio audiovisual communication service providers would have free access to the stadiums to broadcast live the sporting events that took place in them, in exchange for economic compensation equivalent to the costs generated by the exercise of such right and that should be established by agreement of the parties.

The Supreme Court warned that said precept could conflict with the rights to property and free enterprise, although the Constitutional Court has cleared up these doubts to confirm its constitutionality.

The sentence, presented by magistrate María Luisa Balaguer, considers that, although the free access of radio companies to stadiums may affect the right to property of those who provide the sporting event, this affectation is justified because it seeks to guarantee the right to inform.

The Constitution considers that the LGCA fulfills a legitimate purpose without affecting the essential content of the exploitation rights of the organizers of sporting events.

It also rules out that the law violates the right to freedom of enterprise, in its aspect of freedom of contract, because the measure pursued by the legislator has a constitutionally legitimate purpose: to be able to report on all the newsworthy events that occur around the show sports.