Because it is stipulated under 157 different Spanish and Community laws and because this obligation is supported by all manner of sanctions.

The last two decades have, in general, seen a growing demand for greater transparency in public institutions and companies alike.

Social demand for transparency in developed countries has been become apparent in Europe as a result of the communitarian crisis faced by the European Union’s Santer Commission.

Since the beginning of the nineties, European Union texts underpinning transparency have been drawn up, which seek to change the attitudes of the civil service and of companies by outlining both their political and social responsibilities.

Such is the nature of the initiatives and documents cited below, taken, in order of appearance, from the collaborative work entitled Transparencia en el Sector Audiovisual. Comentarios a la Normativa Española y Comunitaria (Bosch, 2007):  Annex to the Maastricht Treaty on Transparency, the Interinstitutional Declaration on Transparency, Democracy and Subsidiarity, the Codes of Conduct for Access to Documents, the Treaty of Amsterdam (TCE 1997), Charter of Fundamental Rights of the European Union (2000), Code of Conduct for Publicising Verbal Procedures and for Verbal Procedure Declarations when the Council of the European Union acts as Legislator, 17th Declaration on the Right of Access to Information (Maastricht, 1992), European Code of Good Administrative Behaviour (2005), European Commission Green Paper “Promoting a European Framework for Corporate Social Responsibility”, Council Decision 93/731 on Public Right of Access to Council Documents,  Commission Decision 94/90 on Public Right of Access to Commission Documents,  Regulation 1049/2001 on the Public Right of Access to Institutional Documents, Directive 80/723 on the Transparency of Financial Relations between Member States and Public Undertakings, Directive 2000/52, Directive 2005/81, Economic and Social Commission Report on Transparency and Participation of Organised Civil Society in the Millennium Round negotiations of the World Trade Organisation, Paper on “Legislative Policy and Consultation”, Communication on Principles and Guidelines for the Community’s Audiovisual Policy in the Digital Age, Protocol on the Public Broadcasting System in Member States, Communication on Certain Legal Aspects relating to Cinematographic and Other Audiovisual Works, Regulation 1367/2006 on the Application of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, Directive 90/313 on the Freedom of Access to Information on the Environment, Decision 97/632 on Public Access to European Parliament Documents, Directive 2003/98 on the Re-Use of Public Sector Information, Regulation 354/83 on the Opening to the Public of the Historical Archives of the European Economic Community and the European Atomic Energy Community, Commission Communication on the Application of State Aid Rules to Public Service Broadcasting, the 2005 Initiative: Review of the Overall Approach to Transparency in the European Union , The White Paper on European Governance, the Code of Conduct for Commissioners, the European Code of Good Administrative Behaviour, Paper on General Principles and Minimum Standards for Consultation of Interested Parties by the Commission (2002), Paper on Quality in the Audiovisual Sector, Directive 95/47 on the Use of Standards for the Transmission of Television Signals, Directive 2004/109 on the Transparency of Issuers whose Securities are Admitted to Trading on a Regulated Market, the Television Without Frontiers Directive 89/552, the Green Paper on Pluralism and Media Concentration, Regulation 1606/2002 on the Application of International Accounting Standards, Directive 89/592 Coordinating Regulations on Insider Dealing, White Paper: The Sarbanes-Oxley Act (2002), Communication on the Application of State Aid Rules to Public Service Broadcasting (2001), Directive 97/33 on Interconnection in Telecommunications.

Such initiatives have also been generated under the framework of the Council of Europe. The 1994 Recommendation on Measures to Promote Media Transparency, the 2002 Recommendation on Access to Official Documents and Recommendation (2000) 13 on a European Policy on Access to Archives at least deserve a mention. 

The phenomenon has spread to European Union states and affects the entire audiovisual sector. With regard to Spain, specifically, there are dozens of rules that could be used to exemplify the growth of legislative activity in this field, although somewhat limited in terms of dissemination, and the uncertainty derived from regulations which force a continuous, clear interpretation of the validity of the legal obligations imposed on the audiovisual sector.

The list of rules whose acknowledgement by the audiovisual sector is compulsory in order to satisfy both the formal and substantive requirements which guarantee transparency across the sector are set out below in chronological order:
Public Notaries Act, 28 May 1862; Law on Criminal Procedure, 1882; Civil Code, 1889; Universal Declaration of Human Rights (1948); European Convention on Human Rights (1950); Civil Registration Act, 8 June 1957; Treaty establishing the European Economic Community, 1957; EU Regulation 1/1958 Determining the Languages to be used by the European Economic Community; Decree 923/1965 on State Contracts; Law 14/1966 on Press and Printing; International Covenant on Civil and Political Rights; Official Secrets Act, 9/1968; Official Secrets Regulation 9/1969; The Spanish Constitution, 1978; Directive 80/723 on Transparency of Financial Relations between Member States and Public Undertakings; Law 68/1980 on the Central Registry of Criminal Records; Statute Law 4/1980 on the Status of Radio and Television; Royal Decree 3882/1982 on the Accreditation of Foreign Correspondents; Regulation for the Congress of Deputies, 1982; Law 1/1982 governing Specific Theatres for Cinematographic Exhibition, Spanish film and Tariffs for a Dubbing License; Royal Decree 3327/1983 governing Financial Control and the Budgetary Regime for the Spanish Radio and Television Entity (RTVE) and its State-Owned Enterprises; Regulation 354/83 on the Opening to the Public of the Historical Archives of the European Economic Community; Law 46/1983 on the Third Spanish Television Channel; Resolution of 14 December 1983 on the Application of Statutory Law in the Functioning of the Parliamentary Control Commission to RTVE; Law 46/1984 on Collective Investment Institutions; General Law 26/1984 on the Protection of Consumers and Users; Law 50/1984 on General State Budgets for 1985; Law 16/1985 on Spanish Historical Heritage; Organic Law 5/1985 on the General Electoral Regime; Royal Decree 2568/1986 governing the Regulation on Organisation, Functioning and Legal Regime of Local Entities; General Health Law 14/1986; Law 31/1987 on Telecommunications Management; Law 10/1988 on Private Television; Royal Legislative Decree 1091/1988 enacting the Revised Text on the General Budget Law; Stock Market Law 24/1988; Royal Legislative Decree 1564/1989 on the Revised Text on Corporate Law; Royal Decree 1597/1989 enacting the Companies Register Regulation; Law 16/1989 on the Protection of Competition; Regulation 4064/1989; the Public Statistics Act 12/1989, Royal Decree 169/1989 containing the National Technical Plan for Audio Broadcasting at Metric Wavelength over a Modulated Frequency; Royal Decree 951/1989 on the Special Registry of Concessionary Companies for the Indirect Management of the Essential Public Television Service; Law 8/1989 on Public Rates and Prices; Directive 89/592 Coordinating Regulations on Insider Dealing; Council Directive 90/313 on the Freedom of Access to Information on the Environment; Council Regulation 1210/1990 on the Establishment of the European Environment Agency and the European Environment Observation and Information Network; Law 2/1991 on Worker Representatives’ Right of Access to Contracting Information; Law 30/1992 on the Legal Regime Governing Public Administrations and the Common Administrative Procedure; Maastricht Treaty (Annex on Transparency) (TUE 1992); Law 35/1992 on Television Via Satellite; Royal Decree 1273/1992 governing the Assignment of Concessions and Radio Frequencies to Municipally Controlled Public Service Audio Broadcasting Companies Broadcasting at Metric Wavelength over a Modulated Frequency Council Decision 93/731 on Public Access to Council Documents; Royal Decree 409/1993 regulating Satellite Television; Royal Decree 765/1993 on the Technical  Plan for Medium-Wave Broadcasting; Royal Decree 629/1993 on Procedural Rules for the Securities Market and Mandatory Registrations; Commission Decision 94/90/ECSC, EC, EURATOM on Public Access to Commission Documents; Law 25/1994 concerning the transposition of the Television Without Frontiers Directive 89/552; Law 17/1994 on the Protection and Promotion of Cinematography and Audiovisual Arts; Recommendation (1994)13 of the Council of Europe on Measures to Promote Media Transparency; Senate Regulation, 1994; Royal Decree 2/1995 on the Modification of Law 39/1999 on the Conciliation of Working and Family Life; Law 37/1995 on Satellite Communications; Directive 95/46 on the Protection of Individuals with regards to the Processing of Personal Data and on the Free Movement of Such Data; Organic Law 10/1995 of the Penal Code; Law 41/1995 on Local Terrestrial Television; Directive 95/47 on the Use of  Standards for the Transmission of Television Signals; Order of 25 October 1995 regulating Royal Decree 629/1993 on Procedural Rules for the Securities Market and Mandatory Registrations; Royal Legislative Decree 1/1995 of the Workers’ Statute; Law 2/1995 on Limited Liability Corporations; Cable Telecommunications Act 42/1995; Royal Legislative Decree 1/1996 on the Revised Text on Intellectual Property Law; Royal Decree 1784/1996 enacting the Companies Register Regulation; Directive 96/9 on the Legal Protection of Databases; Circular 1/1996 on Formal Aspects of the Order of 25 October 1995 regulating Royal Decree 629/1993 on Procedural Rules for the Securities Market and Mandatory Registrations; Royal Decree Law 6/1996 on Telecommunications Liberalisation; Royal Decree 1994/1996 approving the Regulation on the Telecommunications Market Commission; Government Royal Decree 208/1996 regulating Administrative Information and Citizen Services; Government Law 50/1997; Treaty of Amsterdam (1997); Royal Decree 136/1997 approving the Satellite Telecommunications Supply Service and Technical Regulations; Royal Decree Law 1/1997 incorporating into Spanish Law the Directive 95/47 on the Use of Standards for the Transmission of Television Signals and Approving Additional Measures to Liberalise the Sector; European Parliament Decision 1997/632 on Public Access to European Parliament Documents; Royal Decree 7/1997 regulating the Organic Structure and Functions of the Institute of Cinematography and Audiovisual Arts; Law 21/1997 on the Emission and Retransmission of Sporting Competitions and Events; Royal Decree 81/1997 extracted in part from Law 17/1994 on the Protection and Promotion of Cinematography; Order of 7 July 1997 ruling on the Standards for Screen Quotas and Film Distribution, Exhibition Theatres, Company Registration and the Assessment of Cinematographic and Audiovisual Works developing Royal Decree 81/1997 extracted in part from the Cinemas Act 17/1994; Law 66/1997 on Fiscal, Administrative and Social Measures; Directive 97/33 on Interconnection in Telecommunications; Law 29/1998 on Contentious-Administrative Jurisdiction; UNECE Aarhus Convention on Access to Information on the Environment, 1998; General Telecommunications Law 11/1998; Law 50/1998 on Fiscal, Administrative and Social Measures; Royal Decree 772/1999 regulating the Presentation of Documents and Applications before the General State Administration; Law 22/1999 on the Modification of Law 25/1994 incorporating the Television Without Frontiers Directive 89/552; Law 55/1999 on Fiscal, Administrative and Social Measures; Royal Decree 1287/1999 approving the National Technical Plan for Digital Terrestrial Audio Broadcasting;
Organic Law 15/1999 on the Protection of Personal Data; Charter of Fundamental Rights of the European Union, Nice, 2000; Amendment Directive 2000/52 of Directive 80/723 on Transparency of Financial Relations between Member States and Public Undertakings; Law 1/2000 on Civil Procedure; Royal Decree 139/2000 regulating the Superior Commission for the Evaluation of Administrative Documents; Recommendation (2000)13 of the Council of Europe on a European Policy on Access to Archives; Royal Legislative Decree 2/2000 on Public Administration Contracts; Law 2/2000 on the Audiovisual Council of Catalonia; Regulation 1049/2001 on Access to European Institution Documents; Regulatory Law 18/2001 on the Audiovisual Council of Navarra; Law 15/2001 on the Promotion of Cinematography and the Audiovisual Sector; Directive 2001/34 on the Admission of Securities to Official Stock Exchange Listings and on Information to be Published on those Securities; Brand Law 17/2001; Law 18/2001 regulating Audiovisual Activity in Navarra and the creation of the Audiovisual Council of Navarra; Royal Decree 1098/2001 ratifying the General Regulations governing Contract Law; Law 2/2001 on Audiovisual Content and Additional Services in the Community of Madrid; Recommendation (2002)2 of the Council of Europe on Access to Official Documents; Minimum Standards for Consultation of the European Commission (2002); Organic Law 11/2002 regulating the National Centre of Intelligence; Royal Decree 526/2002 on the Promotion of Cinematography and Film Co-production; Royal Decree 281/2002 developing the Regulation on the Registration of Intellectual Property; Royal Decree 687/2002 approving the Regulation on the Execution of Brand Law 17/2001; Law 53/2002 on Fiscal, Administrative and Social Measures; Regulation 1606/2002 on the Application of International Accounting Standards; Law 34/2002 on Information Society Services and Electronic Commerce; General Law of Subventions 38/2003; Law 26/2003 on the Transparency of Listed Companies; General Telecommunications Law 32/2003; Directive 2003/98 of the European Parliament and Council on the Re-use of Public Sector Information; Electronic Signatures Law 59/2003; Law 33/2003 on the Heritage of Public Administrations; Order of 22 July 2003 ruling in the Standards of Application for Royal Decree 562/2003 on the Promotion of Cinematography and Film Co-production; Order ECO/3722/2003 on the Annual Corporate Governance Report Order and Other  Instruments of Information of Listed Stock Companies and Other Entities; Royal Decree 562/2003 on the Promotion of Cinematography and Film Co-production; Royal Decree 1652/2004 approving the Regulation governing the Mandatory Investment for the Early Funding of Feature-Length Films and Shorts and Films for European and Spanish Television; Royal Decree 1418/2004 on the Structure of the Ministry of the Presidency; Directive 2004/109 on the Transparency of Issuers whose Securities are Admitted to Trading on a Regulated Market; Royal Decree 1554/2004 on the Structure of the Ministry of Industry, Tourism and Commerce; Law 1/2004 on the Creation of the Audiovisual Council of Andalusia; Amendment Directive 2005/81 on Directive 80/723 on the Transparency of Financial Relations between Member States and Public Undertakings and Certain Companies; Resolution of 29 July 2005 of the State Department for Telecommunications and Information Society under which the Council of Ministers 29 July Agreement is published approving the Specific Administrative Bidding Terms and Technical Specifications by which the Public Tender for the Granting of a Concession to Public Service Television broadcasting Free-To-Air Channels is bound and the corresponding tender is announced (Amendment to the Sogecable Contract); Daily Press Collective Bargaining Agreement, number 9913745, 2005; Audiovisual Sector Artists Collective Bargaining Agreement, number 9909735, 2005; Law 22/2005 on Audiovisual Communication in Catalonia; Royal Decree 944/2005 on the National Technical Plan for Digital Terrestrial Television; Royal Decree 424/2005 approving the  Regulation on Conditions for the Provision of Electronic Communication Services, the Universal Service and the Protection of Users regarding the Public Registry of the Telecommunications Market Commission; Regulation 1/2005 on the Comments Appended to Judicial Proceedings; Resolution of 30 November 2005 of the State Department for Telecommunications and Information Society under which the Council of Ministers Agreement dated 25 November 2005 is published and by means of which Additional Digital Channels are added to the Concession Guidelines for National Terrestrial Public Service Television Broadcasters and through which the Channels that Form Part of Digital Multiple Devices are assigned to Single Frequency Networks (concession granted to Spanish television channel “La Sexta”); Law 10/2005 on Urgent Measures to Boost Digital Terrestrial Television, to Liberalise Cable Television and Promote Pluralism; Royal Decree 945/2005 which approves the General Regulation on the Provision of the Digital Terrestrial Television Service; Law 17/2006 on the State Ownership of Radio and Television; Law 44/2006 on Improving the Protection of Consumers and Users; Audiovisual Technician Collective Bargaining Agreement, number 9912985, 2006; Law 27/2006 on the Right of Access to Information, Public Participation and Access to Justice in Environmental Matters; Regulation 1367/2006 of the European Parliament and Council on the Application of the Provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and Bodies; Royal Decree 920/2006 which approves the General Regulation on the Provision of the Radio and Cable Television Broadcasting Service; Adjudicatory Resolution on Feature-Length Film Funding, Official State Bulleting (BOE) dated 26 January 2006; Law 1/2006 on the Audiovisual Sector in the Autonomous Government of Valencia; Law 2/2006 on the Withdrawal of the Audiovisual Council of the Community of Madrid; Law 11/2007 on the Electronic Access of Citizens to Public Services; Law on the Protection of Competition; Order ITC/2212/2007 on the Registration of Digital Terrestrial Television Service Information Parameters.